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Intellectual Property

Out Perform G+TLaw

4th April 2014

The High Court has the last word on misleading or deceptive claims in TV advertising cases: ACCC v TPG Internet Pty Ltd

4th April 2014

By Michael Cooley

In Australian Competition and Consumer Commission (ACCC) v TPG Internet Pty Ltd (TPG), the High Court of Australia, by majority, found for the ACCC on its appeal against TPG for alleged contraventions of the Trade Practices Act 1974 (Cth) and, following its passage into law, the Australian Consumer Law. This was first published in Competition and Consumer Law News (2014) (30)2.

27th March 2014

Australia Post loses its appeal against Digital Post Australia

27th March 2014

By Lisa Lennon, Claire Bothwell

This was first published in the Australian Intellectual Property Law Bulletin (2014) 27 (2).

13th December 2013

Trimming the fat on International Trade Mark Portfolio costs

13th December 2013

By Lisa Lennon, Lauren Eade

International trade mark protection strategies can be complicated and expensive, particularly, as brand owners move to take advantage of “international” registration in preference to country based registrations. Fortunately, there is a way to reduce ongoing portfolio management costs whilst retaining priority of rights as you transition your portfolio. This involves the replacement of national registrations with International Registrations registered under the Madrid Protocol international trade mark registration system.

11th December 2013

Louis Vuitton Malletier v Sonya Valentine Pty Ltd: s 120(1) doesn’t give a damn about Louis Vuitton’s reputation

11th December 2013

By Lisa Lennon, Lauren Eade, Angela McDonald

The article discusses reputation of an existing mark under s 120(1) of the Trade Marks Act. This was first published in the Australian Intellectual Property Law Bulletin (2013) 26(6).

29th November 2013

Submissions to ACIP’s September 2013 Review of the Designs System Issues Paper

29th November 2013

By Lisa Lennon, Lauren Eade, Rebecca Smith

G+T made a submission to ACIP’s review of the design system issues paper.

1st November 2013

Knott Investments Pty Ltd v Winnebago Industries, Inc

1st November 2013

By Lisa Lennon, Siabon Seet, Frances St John

The Full Federal Court handed down a judgment that will have significant implications for the way brand owners think about protecting their brands in Australia. The decision illustrates the weaknesses in seeking to protect brands without trade mark registrations and how even a successful claim may not result in clear protection of an unregistered brand, particularly where there is delay.

31st October 2013

Adidas AG v Pacific Brands Pty Ltd

31st October 2013

By Lisa Lennon, Claire Bothwell

Four stripes and you’re (sometimes) out – Court finds that four stripes infringe Adidas “three stripe” trade mark.

25th October 2013

Release of New GTLDs

25th October 2013

By Lisa Lennon, Lauren Eade

The release of the first new generic Top Level Domains (gTLDs) is imminent. Applications to register and operate the new gTLDs opened in the first quarter of 2012.

16th October 2013

3D Printing – Design revolution or intellectual property nightmare?

16th October 2013

By Lisa Lennon, Lauren Eade, Anna Smyth

From King Kong the Musical’s animatronic ape to medical devices and dental prosthetics, 3D printing is set to transform manufacturing and design but it could also pose serious dilemmas for those seeking to protect intellectual property. This first appeared in this form in Volume 51 of the Law Society Journal (NSW, Australia), October 2013.

2nd October 2013

Protecting business data in the information age

2nd October 2013

By Michael Williams, Michael Cooley

With the advent of the digital age, business data has become the life-blood of many, perhaps most businesses. Intellectual Property specialists Michael Williams and Michael Cooley discuss some of the strategies available to businesses for maximising their capacity to protect their valuable data and to respond to data breaches effectively.

25th September 2013

Deadline to register security interests over registered IP – 30 January 2014

25th September 2013

By Lisa Lennon, Lauren Eade

The Personal Property Securities regime has now been live in Australia for just over a year and a half, having come into force on 30 January 2012.

24th September 2013

ACIP inquiries into reform of the innovation patent and designs systems

24th September 2013

By Michael Williams, Chris Williams, Edward Thompson, Lauren Eade

The Australian Government Advisory Council on Intellectual Property (ACIP) is calling for submissions to its co-pending inquiries into the innovation patent system and the designs system.

1st September 2013

Is there any use crying over spill-over reputation? Renewed hope of protection for owners of international marks

1st September 2013

By Angela McDonald, Lauren Eade, Lisa Lennon

It has technically been possible to protect trade marks with a reputation in Australia, even without use here, on the basis of “spill-over reputation” since at least Conagra Inc v McCain Foods (Aust) Pty Ltd (McCain Pizza/ McCain’s Healthy Choice case). This was first published in Internet Law Bulletin (2013) (16)5.

24th July 2013

TPG Internet Pty Ltd v ACCC

24th July 2013

By Michael Cooley

Considering the attributes of the ordinary or reasonable consumer when determining whether advertisements are misleading or deceptive. This was first published in Competition and Consumer Law News (2013) (28)10.

1st July 2013

Football Dataco Ltd v Stan James plc; Football Dataco Ltd v Sportradar GmbH: the case and its relevance in Australia

1st July 2013

By Siabon Seet, Rebecca Smith

In Football Dataco Ltd v Stan James plc; Football Dataco Ltd v Sportradar GmbH, Football Dataco Ltd, which commercialises data relating to UK football matches on behalf of the English and Scottish football leagues, has succeeded in restraining the unlicensed use of that data by the German sports data provider Sportradar and one of Sportradar’s customers, the bookmaker Stan James. This was first published in the Australian Intellectual Property Law Bulletin (2013) (26)1.

14th June 2013

3D Printing: A design revolution; an IP nightmare?

14th June 2013

By Lisa Lennon, Lauren Eade, Anna Smyth

3D printing, otherwise known as “Additive Manufacturing”, is set to transform the landscape in which businesses in the manufacturing and design based industries operate.

13th June 2013

ALRC releases its much anticipated Second Consultation Paper on ‘Copyright and the Digital Economy’

13th June 2013

By Michael Williams, Siabon Seet, Kate Harrison, Michael Cooley, Rebecca Dunn, Edward Thompson

The Australian Law Reform Commission has released its much anticipated second consultation paper for its Inquiry ‘Copyright and the Digital Economy’. We discuss the major proposed reforms.

21st May 2013

The International Comparative Legal Guide to Trade Marks 2013 Edition

21st May 2013

This article appeared in the 2013 edition of The International Comparative Legal Guide to: Trade Marks; published by Global Legal Group Ltd, London. www.iclg.co.uk

1st May 2013

Phonographic Performance Co of Australia Ltd v Commercial Radio Australia Ltd

1st May 2013

By Siabon Seet, Will Aplin

The unanimous decision of the Full Court of the Federal Court in Phonographic Performance Co of Australia Ltd v Commercial Radio Australia Ltd provides some much-needed clarity on what constitutes a “broadcasting service” in the Broadcasting Services Act 1992 (Cth). This was first published in Internet Law Bulletin (2013) (16)1.

17th April 2013

Trade marks without borders – parallel importation into Australia

17th April 2013

By Lisa Lennon, Lauren Eade

Different international markets have different price tolerances and other characteristics, and trade mark owners therefore commonly divide the world into territories to maximise return on brand investment.

11th April 2013

International Trade Mark Registration Update – India, Mexico, and New Zealand join The Madrid Protocol

11th April 2013

By Lisa Lennon, Lauren Eade

The Madrid Protocol facilitates the international protection of trade marks. Trade mark owners can protect their marks in any of the countries who are members of the Protocol1 by filing a single “international” trade mark registration designating those countries, rather than filing separate trade mark applications for each country. Protection of trade marks in multiple countries via a single international trade mark registration usually significantly reduces management and renewal costs when compared to the management and renewal of individual national trade mark registrations.

8th April 2013

How does Raising the Bar affect trade marks?

8th April 2013

By Lauren Eade

New trade mark opposition procedures commencing on 15 April 2013 will substantially change the trade mark opposition system in Australia. Trade mark owners will need to take steps to prepare for these.

1st March 2013

Raising the bar – Trade marks

1st March 2013

By Lisa Lennon, Lauren Eade, Anna Smyth

The Australian Government has introduced a number of legislative reforms to the IP system in relation to trade marks. These changes commence on 15 April 2013. Click to read the changes.

25th July 2012

Ambush Marketing – Marketing and the Olympics

25th July 2012

By Lisa Lennon, Frances St John

As the Olympic flame makes its way to the London Olympic Stadium, marketing departments all over the world are running campaigns that capitalise on the spirit and excitement of the Games. For official sponsors, this means using the Olympic symbols – the rings and torch – and the Olympic name to associate themselves with the event. But for those companies who are not willing or able to hand over the rumoured 100-million-pound fee to become official sponsors, it can mean a quagmire of legal problems.

24th May 2012

National Business Name Registration Scheme – commencing 28 May 2012

24th May 2012

By Lauren Eade, Lisa Lennon

The new national business names registration scheme comes into force on 28 May 2012.

2nd May 2012

The Full Court finds that the Optus TV Now service breaches copyright

2nd May 2012

By Kate Harrison, Will Aplin

The Full Federal Court has overturned the trial judge’s decision in the Optus TV Now case, involving a service whereby Optus customers could have TV broadcasts recorded and played back later on mobile devices (National Rugby League Investments Pty Ltd v Singtel Optus Pty Ltd [2012] FCAFC 59).

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