Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court
20 March 2014
The High Court has been asked to clarify the test for distinctiveness under Australian trade mark law.
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All Mallesons Pulse Posts
All Mallesons Pulse Posts
What’s your number?
17 March 2014
The ACCC and MOFCOM release their merger numbers… and plans for the future
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IP Whiteboard editor published in Internet Law Bulletin: Recent legal developments involving Twitter
17 March 2014
If you still think that Tweeting is something only birds do, it’s time to fly the coop. Launched in 2006, Twitter is an online social networking site that enables its 645 million registered users worldwide to send and receive 140 character “Tweets”. More than 5700 Tweets are sent ever second and up to 75% of mainstream journalists now find stories through Twitter.
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Think before you speak, think before you tweet –social media and defamation
17 March 2014
While most of us are posting mundane Facebook statuses about what we had for breakfast, or tweeting about our reactions to ‘The Bachelor’ (or is that just me?), Andrew Farley was doing a whole lot more last year, according to a judgment published only recently, but handed down in November 2013 in the District Court of NSW.
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BPI’s Fragrance bottle shape mark rejected – but how different is distinctive enough?
14 March 2014
The fragrance industry isn’t just about smelling good and paying people to take most of their clothes off and spray you with something as you walk by.
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No real surprises
11 March 2014
The ACCC will continue its vigorous approach to enforcement is equally set to continue
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No surprises? Keds’ side by side two stripe position mark rejected by OHIM’s Board of Appeal
5 March 2014
Following hot on the heels (no pun intended!) of the decision of the Federal Court of Australia in adidas v Pacific Brands in Australia last year (in which KWM acted for adidas, here), position and logo marks in the fashion space are really hitting the headlines again in 2014.
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Nappy Land is not happy land: no love on Valentine’s Day for National Australian Nappies
3 March 2014
Valentine’s Day and nappies don’t usually appear in the same sentence. However, in a decision handed down by the Federal Court on 14 February 2014 (CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited FCA 79) the Federal Court has reminded trade mark owners that they cannot view their marks as an ace-in-the-hole when it comes to the question of misleading and deceptive conduct. In that case, Justice Flick upheld an application to prevent a nappy manufacturer from using its registered trade mark in New South Wales.
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