Category:
Advertising, Communications, Media, PR & Creative Agencies

29/08/16

Qantas Grounded: Federal Court Rejects Airline’s Action to Oppose Kangaroo T-shirt Logo

A recent Federal Court decision has given some clarity to how two key grounds of opposition to trade mark registration – the “prior mark” and “prior reputation” grounds – will be interpreted. Back in 2010, Qantas opposed the registration by Edwards, an online apparel and electronics retailer. Edwards had filed a trade mark application for...

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Dick Smith’s “Ozemite” trade mark win redefined what it means to “use” a trade mark!

On 12 August 2016, the Federal Court handed down its decision in the long running battle between Dick Smith and Roger Ramsey over the registration as trade marks of the homophones (or sound-alikes)- OZEMITE and AUSSE MITE. Dick Smith, renowned Australian businessman and philanthropist, applied to register “OZEMITE” as a trade mark on 28 October...

3nder rebranded as “Feeld” as Tinder lawsuit continues

Everyone’s favourite dating app saga continues. Back in May we informed you the owners of dating app Tinder, Match Group, launched a trade mark infringement action in the UK against new competitor 3nder. Whilst tinder focuses on individuals finding another individual, 3nder widens its scope to focus on individuals and couples seeking threesomes. Tinder are...

Telstra’s ‘Go To Rio’ campaign cleared by the Federal Court

With the 2016 Rio Olympic Games underway, many have been caught up in the hype and excitement of the world’s biggest sporting event. However, Telstra’s Olympic fever landed them in Federal Court with the Australian Olympic Committee (‘AOC’), which alleged Telstra had engaged in ambush marketing in its recent ‘Go To Rio’ campaign and associated...

No Olympics ambush by Telstra

On Friday 29 July 2016, the Federal Court handed down its decision in the Australian Olympic Committee’s (‘AOC’) case against Telstra in light of Telstra’s unauthorised and misleading Olympic themed “Go to Rio” advertisements. AOC relied on section 36 of the Olympic Insignia Protection Act 1987 (‘OIPA’), alleging that Telstra had infringed this section which...

Leo Burnett Malaysia faces copyright infringement claim over successful ‘Rubber Boy’ film

Leo Burnett Malaysia is exploring its legal options after Malaysia director Tan Chui Mui recently began making very public allegations of copying over social media. Using the hashtag #LeoburnettPlagiarism, Tan alleged that she pitched the idea and story for Rubber boy to the agency back in 2014. It was rejected by the agency at the...

Donald Trumps Queen

At the Republican National Convention earlier this week, Donald Trump entered the stage to Queen’s 1977 hit “We are the Champions”. Shortly after the event Queen responded on Twitter saying the use was unauthorised. It was later confirmed that the Republican National Convention did in fact pay to licence the song from Broadcast Music...

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