Category:
Branding, Trade Marks, Designs & Patents

24/05/16

Facebook and Instagram win UDRP dispute concerning confusingly similar registered domain names in China

On 10 May 2016, the Administrative Panel of the WIPO Arbitration and Mediation Center (the “Panel”) made its decision in relation to complaints filed by Facebook, Inc and Instagram, LLC concerning alleged infringements of their respective trade marks. By way of background, Facebook is the registered owner of the trade mark “FACEBOOK”, which was first...

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Brand protection – it’s not child’s play

Two children’s toy manufacturers have gone head to head in a trade mark dispute heard before the Federal Court of Australia. The dispute arose when Australian company Playgro alleged its PLAYGRO trade marks were infringed contrary to s 120(1) of the Trade Mark Act 1995 (Cth) by Playgo Art & Craft Manufactory and Playgo Toy...

The Power of the McTrademark!

Giant global fast-food conglomerate McDonalds has successfully opposed the registration of “McKosher” in Australia. Although McDonalds do not have a registered trade mark in Australia for “McKosher”, McDonalds argued that many of their registered and unregistered trade marks incorporate the prefix “Mc”, which are of the ilk, ‘McFood’ where the element ‘Food’ is variable...

Tats not fair…Who really owns your tattoo?

Solid Oak Sketches, a small agency that represents tattoo artists, is suing Take-Two Interactive and Visual Concepts, the digital games companies behind the NBA2K video game. Solid Oak Sketches claims the companies have infringed their copyright by featuring eight of their tattoos in its basketball video games since at least 2013, with one of the...

Updates on Cases

There’ve been some developments in cases we’ve previously reported on. Here’s an update on the latest. Battle of the Giants: Oracle v Google The multibillion dollar copyright retrial case between Google and Oracle was back in court on Monday, to be heard before a jury. The case focusses on the Google Android OS, with Oracle...

Hell’s Angels attempt to pop Red Bubble

Hells Angels recently lodged a Federal Court action against Red Bubble, an online t-shirt retailer. The motorcycle club, which has a number of registered trade marks in Australia, including the words Hells Angels and the ‘death head’ logo, has sued the retailer, claiming that certain t-shirt designs and a poster offered for sale from the...

Prince lives on, in his trade mark form

Just days before his death, a trade mark application lodged by Prince was approved for publication in the US. The application sought to protect the “Prince” name in classes 25 and 41, covering clothing and entertainment in the nature of live musical performances respectively. The application was filed by Paisley Park Enterprises, Prince’s primary business...

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