US golf company faces setback in attempt to reclaim trade mark from...
The Federal Court of Australia has refused an application by US golf company King Par LLC (King Par) for summary judgment against its Australian rival Brosnan Golf Pty Ltd (Brosnan), in a case...
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Protecting Your Brand: The Justice League Way
San Diego Comic Con 2014: Warner Bros Panel featuring (from left) Ben Affleck, Chris Hardwick (moderator), Henry Cavill and Gal Gadot. [Photo by Dr. Renee White] It may be over 18 months away until...
View ArticleFrom PhD to Postdoc to Patents
I was recently quoted in the article “Ageing of Australia’s scientists creating a void in nation’s future research workforce”, in connection with making the ‘giant leap’ from the bench to the boardroom...
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Protecting a Brand is About More Than Your Trade Mark: Red Bull May No Longer...
The Austrian-based company, Red Bull GmbH, has agreed to pay US$13 million to settle its class action lawsuit pertaining to an alleged breach of express warranty, unjust enrichment, and violations of...
View ArticleBrand strategy: what’s in a name®?
Many famous brands have their origin in the surname of a founder of the business: Selfridges®, Myer®, Givenchy® and Harrods® to name a few. These trade marks are now first and foremost associated with...
View ArticleISPs forced to the frontline in the war against online IP infringement
Two recent cases highlight the increasingly active role ISPs are being forced to play in global responses to online IP infringement. The cases are consistent with a broader trend that is seeing ISPs...
View ArticleWhen is a foreign language mark registrable in Australia?
The High Court of Australia has handed down an important decision concerning the test for when a trade mark is registrable. The impact of the decision will be particularly significant for businesses...
View ArticleAdvancing home grown innovation through a “Patent Box” Tax system
Australia is a world leader in innovation, with businesses investing heavily in Research & Development (R&D) activities. However, currently our businesses lack the financial support and...
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Australia’s Innovation Report Card: Could Do Better
The 2014 Australian Innovation System Report [PDF, 6MB] from the Office of the Chief Economist has identified Australia as a relatively mediocre innovator compared to other OECD countries. This lack...
View ArticleTeen Sensations ‘5 Seconds of Summer’ Bring Unwanted Notoriety Upon...
The Australia Day long weekend seems an appropriate time for the Australian press to run a story about an internationally famous Australian boy-band that was denied protection for its trade mark...
View ArticleUber: There’s a patent for that
Most urbanite readers will have heard of ‘ride-sharing’ service Uber, even if they have not (as yet) used it. Befitting a disruptive market entrant with a strong technology focus, Uber has invested in...
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‘Cease and desist… please’: why Nokia should take a leaf from Jack Daniels’...
Finnish company Nokia is not the telecommunications behemoth it once was. After selling its mobile phone division to Microsoft in 2014, Nokia is now focussed on other areas of business, one of which...
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An ongoing summer of sport impacted by inventions
Australia is the place to be for major sporting events in the first three months of 2015, with the Australian Open Tennis and the Asian Cup Football tournaments reaching their climax at the end of...
View ArticleIncentives for innovation
First published in Chemistry in Australia, www.chemaust.raci.org.au The Global Innovation Report 2014 (Cornell University, INSEAD and WIPO) reiterates what has long been well understood – Australia...
View ArticleBeware!! IP Australia refuses extension of time for filing evidence
Case note: Monster Energy Company v USA Nutraceuticals Group Inc [2015] ATMO 1 The implementation of the new IP laws in April 2013 brought about some welcome changes. One change that has not been so...
View ArticleCan your business keep a secret? Protecting confidential information assets...
The unexpected resignation of a key employee can present a range of challenges to an employer business. Where an employee resigns to take up a position with a trade competitor, particular attention...
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Has Katy Perry Jumped the (Left) Shark With Her Latest Trade Mark Grab?
Katy Perry is undoubtedly one of the biggest stars – and biggest brands – in the entertainment world today. Her position in the firmament was cemented by her recent half-time performance at Super Bowl...
View ArticleCould the Australian Courts ‘compel’ those who prescribe and dispense...
A recent UK court ruling has broken new ground in ordering an official health body to issue guidelines on prescribing a generic drug. Could the same thing happen in Australia? The Therapeutic Goods...
View ArticleWhen your tarnished trade mark is battering your brand
Your trade mark may be tarnished if somebody else uses the same, or a similar, word or sign in a way that portrays it in a negative light. Branding experts say that an unfortunate association with a...
View ArticleProtecting IP in Asian markets: a note to Australian exporters
In recent times there has been overwhelming interest and activity from Australian companies to export their products and services to the Asian market. The market potential in Asian countries is...
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