The Feds (aka the Australian Federal Police in co-operation with Customs) executed 21 search warrants on 14 September and apparently Thousands of counterfeit goods were seized, including counterfeit computer software, CDs, DVDs and luxury items such as bags and jewellery. Lid dip: Marine Guillou. The AFP issued their own Media Release. In typically timely fashion, Stephen Stern will be giving a Tech IP Seminar: Australian Customs And Border Protection Service.. Read More
I am presenting the annual copyright update for the Victorian chapter of IPSANZ in Melbourne on 7 October at the RACV Club. Copyright – Selected Case Law Update 2010 Registration and details here.
Previously, I had noted that the remedy for breaching an injunction is proceedings for contempt of court. Tracey J, having found various respondents in contempt arising from breaches of injunctions made in 2004 not to infringe Ugg Australia’s copyright and trade marks in connection with the manufacture and sale of ugg boots, has now handed down the punishments: One of the individual respondents, a Mr Vladimir Vaysman, was sentenced in.. Read More
Terry Hart embarks on a fairly detailed comparison of (what was known about the draft) ACTA and US copyright law to see how much would need to change “ACTA: Thought for FUD” in 4 parts Part 1 Part 2 Part 3 Part 4 One might well be very sceptical about something being negotiated “in private”. Nonetheless, if you get past the reliance on proposed art. 1.2 as “not requiring new.. Read More
For anyone who may find some value in them, I have posted the slides from my IPSANZ talk ‘Of Keywords, Adwords and Trade Mark Infringers at Slideshare.
One month after the appeal was heard, the Full Court has rejected Nature’s Blend’s appeal that Nestlé used Luscious Lips as a trade mark. Nature’s Blend argued first that the trial judge had wrongly focused on the character of Nestlé’s use instead of the proper meaning of the Nature’s Blend mark. As the mark was registered for all confectionery, not just “lips”, it was said to be inherently distinctive. The.. Read More
Bennett J’s reasons for ruling that Fairfax does not hold copyright in the Australian Financial Review’s headlines have now been published. In conclusion, Bennett J stated: 159 As to the subsistence of copyright in the contended works, I have reached the following conclusions: None of the ten selected headlines are capable of being literary works in which copyright can subsist. Fairfax has failed to prove that any of the ten selected.. Read More
Patentology looks at the problems that arise with serving documents in Opposition proceedings before the Commissioner / Registrar (i.e. IP Australia) (a) electronically and (b) outside business hours. Obviously (well, not so obviously when you’re used to dealing with the pragmatic approach of the Federal Court), if the material is served outside business hours, it is not served until the next business day, but it may be even more complicated.. Read More
Tim Golder, a partner at AAR, and Sandi Montalto have published an article with their take on the Federal Court’s recent decision directing that Mars’ trade mark application for the colour ‘Whiskas Purple’ proceed to registration.
IPSANZ’ Annual Conference is on over the weekend beginning 10 September, at Noosa. Apparently, there are still some places available. From the USA, Judge Kathleen O’Malley and Covington & Burling’s George Pappas are the headline speakers. Siobhan Ryan and I will be talking on aspects of trade marks’ use in the trade marks session.