Trade marks
Memorable advertising slogans - Part 2
Trade marks

Thanks to an "overwhelming response" from our IP Whiteboard editorial committee (and we're serious, almost everyone responded) we can reveal a true diversity of personal slogan highlights. Before discussing themes arising from these, consider the work needed to create a great slogan.  read more »

Partner: Natalie Hickey   Subjects: Trade marks  
Are these the most memorable advertising slogans ever? And how brand reputation is hard to prove
Trade marks

It's late January, the sun's shining, the Australian Open has just come an end, and yet our passion for IP remains undiminished. To that end, Creative Review's Top 20 slogans of ALL time caught the eye last week. Based in the UK, Creative Review is a publication focussing on all forms of visual communication. They're keen for you to buy the magazine, so we won't give their whole game away other than to unveil a few of the top picks. See their link for more. We've also come up with our own...  read more »

Partner: Natalie Hickey   Subjects: Trade marks  
Which is the best area of intellectual property law? Google Ngram provides an answer
Copyright Designs Patents Trade marks

This week I asked myself a very serious question: Which type of intellectual property law is the best?  read more »

Partner: Maurice Gonsalves   Subjects: Copyright | Designs | Patents | Trade marks  
Making its Mark: “Occupy Wall Street” Files Trade Mark Application
Trade marks

On 24 October 2011, organisers from the unincorporated association "Occupy Wall Street" filed an application to trade mark their name with the U.S Patent and Trademark Office (“USPTO”).  The movement is interested in protecting the phrase for merchandise such as bags, clothing, luggage and headwear, in newsletters and periodicals and on a website featuring educational materials related to the Occupy Wall Street movement including photographic, audio, video and prose presentations.  read more »

Partner: John Swinson   Subjects: Trade marks  
Can a ‘metatag’ infringe your trade mark?
Trade marks

Regular people ask: "If a tree falls in a forest and no one is around to hear it, does it make a sound?” 

IP lawyers ask: “If a trade mark is used but no one can see it, has the trade mark been infringed?”  read more »

Partner: Robert Cooper   Subjects: Trade marks  
Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK
Trade marks

The Intellectual Property Office (‘IPO’) in the UK has issued a preliminary ruling which states that the iconic ‘Cadbury purple’ - Pantone 2865c - is sufficiently distinctive to enable Cadbury to register it as a trade mark.  read more »

Partner: Natalie Hickey   Subjects: Trade marks  
What’s the “Fitchuation” now? Publicity stunt, negative branding or trade mark infringement?
Marketing and advertising Trade marks

A publicity stunt by Abercrombie & Fitch (A&F) has backfired.  You may recall a previous post, in which we blogged about A&F’s ‘offer’ to pay Jersey Shore's Michael "The Situation" Sorrentino a substantial sum of money to stop wearing A&F clothing.   We thought it was an instance of negative brand association.  It now appears that this was not a real offer, but a publicity stunt by A&F which may have backfired.  read more »

Partner: Maurice Gonsalves   Subjects: Marketing and advertising | Trade marks  
Roses are red, violets are blue…Louboutin’s appealing, Tiffany & Co care too
Marketing and advertising Trade marks

We previously blogged about the growing trade mark dispute between Christian Louboutin and Yves Saint Laurent (YSL).  The dispute relates to the manufacture and sale of red-soled shoes by YSL, in alleged infringement of Louboutin’s trade mark.  As an update, the New York District Court has refused to rule that red soled shoes are exclusively the domain of Christian Louboutin.  Read more to find out how Tiffany & Co has put its bejewelled fingers in the mix.  read more »

Partner: Natalie Hickey   Subjects: Marketing and advertising | Trade marks  
Like sands through the hourglass... sometimes Bills become Acts
Marketing and advertising Trade marks

Did you read our post about the introduction of new business names laws here? On 3 November 2011, the National Business Names Registration Package legislation was assented to.  read more »

Partner: Natalie Hickey   Subjects: Marketing and advertising | Trade marks  
Update: Herman Miller v Matt Blatt
Copyright Marketing and advertising Trade marks

Further to Natalie’s op-ed piece in the National Times, Herman Miller and Matt Blatt have settled their dispute in relation to Matt Blatt’s sales of replica Eames furniture on confidential terms.  In a press release, Herman Miller Vice President Jeremy Hocking describes the apparent win as a “small but significant battle for the ethics of authentic design.”  read more »

Partner: Natalie Hickey   Subjects: Copyright | Marketing and advertising | Trade marks