Seasons Greetings

The sand, the sea and (hopefully) the sun are calling. IPwars is swapping the quill and magnifying glasses for sun block and Stingose. Thankyou for visiting during 2008.  I hope you found something of interest. Wishing you the Compliments of the Season! Normal transmission should resume late January.

Singapore Trademark (?) Treaty

IPKat reports that the Singapore Treaty on the Law of Trademarks came into force on 16 December 2008, when Australia became the 10th party to ratify. Apparently, it should help simplify trade mark applications and licensing. Wonder if there’s anything in here to do with this?

USA, China, Famous Brands and WTO

The USA has has commenced formal consultations – the first steps in another WTO complaint – in the WTO against the People’s Republic of China, alleging China is providing illegal protection for famous Chinese brands. From the fact sheet: China appears to be providing numerous WTO-illegal subsidies at multiple levels  of government.  These include providing […]

ACTA – December meeting

The Canadian and US governments carry short press releases on the latest (15 – 18 December) round of negotiations over the secretive ACTA. Australian (DFAT) homepage (not updated) here.

YouTube and IP

Indications are that Universal Music is now making “tens of millions of dollars” from the use of its music on YouTube. Slightly different outcome to the apparently stalled Viacom approach to social networking sites? Concurrently, there are newspaper reports that the RIAA, famously suing grandparents and 12 years olds, may be changing its litigation strategy. […]

Pharmaceutical patents

The European Commission has published its preliminary report into its inquiry into the state of competition in the pharmaceutical industry in the EU – comment and links via IPKat. The IPKat also has links to what they describe as “the powerful speech” delivered by Sir Robin Jacob (aka Jacob LJ) in the Commission’s public meeting […]

bing infringed BING!

The applicant had registered BING! for Class 9 Software for the legal profession and other industries and professions not limited in any way to a specific industry or commercial sector; Class 35 Distribution and sales of computer software. Class 42 Design of computer software; programming maintenance, upgrading and updating of computer software for the legal […]

Sex, videotapes and damages II

Following on from last week’s Giller v Procopets, I was asked if Max Mosley’s payment of the prostitutes precluded a claim for breach of confidence, leaving him just with his Conventional rights to privacy. It is certainly true that the trial judge focused primarily on the invasion of Mr Mosley’s rights to privacy. However, his […]

Served by “Facebook”

Courts have apparently been allowing service of court documents by email and in at least one high profile case against a rugby player alleged to be in breach of his club contract by text message.  Now, for those of you looking for reports of the case where the Court allowed service by Facebook, try: here […]

Trade mark use by non-profits

The European Court of Justice has ruled that a non-profit association – in this case a body devoted to the preservation of military traditions which performs charitable works and collects gifts – does in fact use its “trade” marks in (what we would call) the course of trade: Case C?442/07, Verein Radetzky-Orden v Bundesvereinigung Kameradschaft […]