trade marks

Bad faith: The new kryptonite for opposed trade mark applications?

Bad faith: The new kryptonite for opposed trade mark applications?

28 May 2013
By Philippa Macaskill
This just in from our correspondents at the Daily Planet: An application to register the trade mark “superman workout” in Australia in respect of “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” has been refused by Justice Bennett under section 62A of the Trade Marks Act 1995 (Cwlth) (“Act”) on the basis that the application was made in bad faith (see DC Comics v Cheqout Pty Limited & Anor [2013] FCA 478).
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‘I will’ protect this brand – will Under Armour Just do it?

‘I will’ protect this brand – will Under Armour Just do it?

21 May 2013
By Elisa Nolf
In late April 2013, Nike submitted their response to Under Armour’s lawsuit with respect to its ‘I will’ registered trade mark. Under Armour’s complaint filed in February in the District Court of Maryland, alleged Nike’s latest #MAKEITCOUNT campaign advertising materials containing the phrase ‘I will…’ constituted trade mark infringement, trade mark dilution and unfair competition. Under Armour (perhaps strategically, as a popular ‘underdog’ brand) has demanded a jury trial to resolve the dispute.
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Facebook status update (Part 1): The legal battle behind Facebook Timeline

Facebook status update (Part 1): The legal battle behind Facebook Timeline

21 May 2013
By Samantha McHugh
We think the folks at Facebook been busy. From “Timeline” to “Typosquatters” to “Tight New Restrictions” on use of brand assets, there’s plenty for users to absorb. According to Facebook’s Form 10-Q (filed with the United States’ Securities and Exchange Commission on 1 May), it has settled with Timelines Inc, which runs the chronology website timelines.com.
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IP Whiteboard’s 2012 Christmas Gift Guide

IP Whiteboard’s 2012 Christmas Gift Guide

20 December 2012
By James Diment
Still struggling for gift ideas this Christmas? IP Whiteboard may have the answer... IP is a very fashionable gift at the moment and, what’s more, because it is inherently intangible, it won’t even take up any of your storage space. We are therefore proud to present to you: IP Whiteboard’s 2012 Christmas gift guide, with advice for all those impossible-to-buy-for friends and family.
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