A Look at Some of Most Loved Jingles and Sound marks on the Australian Trade Marks Register In 1974, McDonald’s, also fondly known in Australian slang as “Macca’s”, engaged an advertising agency to assist with creating an ad campaign to promote its BIG MAC burger which led to the creation of the jingle ‘two all-beef patties, special sauce, lettuce, cheese, …
Payers v Players
The trade mark and pay disputes of Australian Netball What do the names Thunderbirds, Swifts, Firebirds and Fever all have in common? They are the names of some of the Australian Super Netball teams. What about the Diamonds? That’s the nickname of the Australian national netball team – the Australian Diamonds – which represents Australia in international netball tournaments. The …
Property Wars
Real Estate Agents Clash over Brand Ownership Two recent trade mark decisions recently handed down by the Federal Court of Australia have had contrasting results. Both consider the impact that elements of a mark that are descriptive or common to the trade have on assessing deceptive similarity for the purposes of trade mark infringement, and both consider whether there was …
Battle of the Homewares
Inside the Trade Mark Decision of Two Well Known Brands It has long been held by Australian courts that when assessing the similarity between marks for the purposes of trade mark infringement, the parts of a trade mark that are descriptive or common to the trade must be to some extent discounted. However as recent decisions show, the outcome will …
Maximising Antibody Patent Protection in Australia
Is a lack of technical expertise among Australian examiners denying applicants fair and commercially relevant protection for antibody patents and, in turn, undermining the purpose of the patent system? Click on the image below to read the article.
The Ruby Princess Voyage
A class action, a High Court decision on unfair contract terms, and a lesson for foreign businesses operating in Australia In a recent decision relating to the ill-fated Ruby Princess voyage in March 2020, the High Court of Australia has provided important guidance regarding the extraterritorial application of the unfair contract terms (“UCT”) regime under the Australian Consumer Law (“ACL”) …
The 2023 Intellectual Property Landscape
A Year in Review by Country The Year in Numbers According to the World Intellectual Property Indicators 2023 report recently published by the World Intellectual Property Organization (WIPO), global patent filings rose by 1.7% in 2022 to 3.45 million. This is a second consecutive annual record and is driven by innovation in China, the United States, Japan, and Europe, but …
The Elf on the Shelf
A Christmas IP Success Story Since elves seemingly first made their appearance in Norse mythology in the 1500’s they’ve had several image changes. They have been considered to have strong magical powers, cause illness and, more recently, have taken on the role of being the ultimate pranksters. With the Christmas season fast approaching, the image of elves as Santa’s helpers …
Where is Hydrogen Now?
Was Australia’s National Hydrogen Strategy Ambitious Enough? What has happened in the four years since the Australian Government endorsed the first National Hydrogen Strategy (2019)? In July 2023 the Australian Government released a discussion paper seeking submissions by August 2023. A number of these submissions are now available to view online. Perhaps the initial National Hydrogen Strategy was somewhat ambitious. …
.au Domain Names
How to get one and what to do if your domain is already taken! Domain names When choosing a new name for a business, the advice is generally “Don’t forget the trade mark and domain name!”. But which comes first? Ideally, they all come together. The business name is required for regulatory purposes, the trade mark is required for branding …