Does Google’s practice in Europe of putting names and phrases which are registered trade marks up for ‘auction’ as ‘AdWords’ constitute infringement? Not according to the recent opinion of the ECJ Advocate General… read more »
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Dean Robbins is the winner of Vegemite's 'Name Me' competition. The new, creamier blend of Vegemite and Kraft cream cheese will be known as iSnack2.0, bringing together Dean's love of technology and Vegemite. But iSnack has already been registered as a trademark by Breville, which could have implications for Kraft's marketing phenomenon. read more »
IP Australia has announced that requests for examination of patents involving green technology may be “fast-tracked”. read more »
Do you think it's time to change the 'manner of manufacture' test?? The Advisory Council on Intellectual Property is seeking comments on a range of changes to patentable subject matter. Comments can be submitted to mail.acip@ipaustralia.gov.au by 13 November 2009. For information on submitting comments click here. read more »
On 18 September 2009, the Treasurer and Minister for Innovation, Industry, Science and Research released a consultation paper on the new research and development tax incentive. The new R&D tax incentive, announced as part of the 2009-2010 Budget, represents a significant change to the taxation of R&D expenditure in Australia. read more »
The Federal Court of Australia has reminded us that an independent contractor commissioned to develop software may be taken to have agreed to assign equitable ownership of copyright in the software. read more »
When one thinks about ISP liability, the focus is usually on copyright law and the extent of safe harbours provided under the relevant copyright regime, but the US$32 million damages verdict in the Louis Vuitton v Akanoc case shows that, at least in the United States, trade mark law is becoming increasingly important as well. read more »
The United States Patent and Trademark Office (USPTO) recently granted trade mark protection to a Second Life avatar. This is the first time that a trade mark has been registered by the USPTO in relation to a virtual service. read more »
If you responded: 'McCurry' then you are in full agreement with the owners of that business. Apparently, the proprietors preferred McCurry, which is meant to be short for Malaysian Chicken Curry Restaurant… McDonalds, by contrast, considered that the use of "Mc" was likely to cause confusion by evoking "McDonalds" in the mind of consumers. This week, after pursuing its claim for eight years in Malaysia, McDonalds failed in its final attempt to overturn an earlier, adverse decision. read more »
One might think that Google's minimalist home page is among the most commonplace of designs. Apparently not. On 2 September, Google obtained a US design patent for the company's iconic home page. read more »