Don’t you wanna dance with me? US Supreme Court to hear Amgen v Sandoz biosimilars case

The US Supreme Court has granted petitions for certiorari in Amgen v. Sandoz confirming that the Court will examine the operation of the “patent dance” regime under the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), as well as clarifying when notice of commercial marketing can be given. Biosimilar boffins and patent pedants will read more...
Subjects: Patents

Copyright and the US primaries: From Adele to Neil Young, why do artists keep getting Berned by politicians?

From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune? read more...

Kylie Minogue takes on Kylie Jenner – what happens when two celebrities have the same name?

We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has read more...
Subjects: Trade marks

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Trade mark confidence signals big things to come for “The Hayne Plane”

Pre-season gridiron games aren’t usually on most Aussie’s sports radars in August – the run-up to the AFL and NRL finals usually take up most of our attention. But this year is a little different. This year, the former rugby league star Jarryd Hayne is attempting to do something that few Aussie footballers have been read more...
Subjects: Trade marks

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Self(ie) made: Artist makes a Princely sum selling other people’s photos

That selfie stick might actually be a wise investment – after all, your next Instagram post could be worth thousands. US artist Richard Prince’s latest exhibition, ‘New Portraits’, is a series of printed screenshots of other people’s Instagram photos. The going price for each piece? A cool US$90,000 (roughly A$115,000). The amount the original Instagram read more...
Subjects: Copyright | Media | Social media

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What’s in a name? (Try to) Keep up with the Kardashians

Here at IP Whiteboard, we learnt the power of a celebrity name when one of our posts got roughly 20 times more hits than we expected (and crashed the site in the process). Why? While we like to think the combination of on-trend pop culture knowledge and cutting edge legal analysis really drew readers in, read more...

“HOW” does matter – ethics company sues yoghurt

Imagine this: you’re a best-selling author and CEO. You’ve spent years building your brand, working hard to distil it down to one word, “HOW”, which you’ve registered as a trade mark. You host a meeting with a prospective client, an advertising agency, during which you discuss “HOW” and its meaning. A few months go by, read more...

Storm in a Coffee Cup – Starbucks v “Charbucks”

In the latest instalment in a long-running trade mark battle in the United States, the US Court of Appeals has upheld a decision that the use of “Charbucks” in relation to coffee did not violate Starbucks’ registered trade marks. In 1997, U.S. Black Bear Micro Roastery (whose coffee is apparently unusually darkly roasted) developed a read more...