If you are going to compete in the crowded chocolate cereal market you need the will to take on the big guns. Arguably, it was this kind of thinking that prompted Post Foods to advertise their Cocoa Pebbles with a cartoon showing "Bam-Bam" from The Flintstones taking on and soundly defeating a blond moustachioed wrestler called "Hulk Boulder". This, it would appear, has hurt the real Hulk’s feelings. read more »
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The Advertising Standards Bureau continues to robustly assess complaints about advertising and, in doing so, police the bounds of political correctness. Last month, the ASB reviewed advertisements the subject of complaints about their allegedly sexual or discriminatory nature and found that many were, in actual fact, intended to be jokes. read more »
The Copyright Tribunal recently decided that music licence fees for fitness classes are set to increase by approximately 1500%, a decision that has upset gyms across Australia. read more »
One of the most important aspects of trade mark ownership is the ability to control the way a brand is used and, accordingly, protect the brand’s reputation. Two somewhat unlikely compatriots, Jessica Watson and Mary MacKillop, show how quickly brand management becomes vital when a person or event hits the public spotlight. read more »
A US District Court has refused an application by Cephalon to dismiss a case brought against it by the FTC in relation to the settlement of a patent dispute between Cephalon and would-be generic manufacturers of Provigil (modafinil), a drug used in the treatment of sleep disorders which recorded $961 million in sales in 2009 alone. read more »
Summary judgment against one of the last remaining free file-sharing giants was handed down by the US District Court in New York last week. LimeWire has continued to facilitate free music and movie file-sharing over the last decade, while its competitors (such as Napster and Kazaa) have been forced to shut down. Following a four year legal battle commenced by 13 major US record labels, LimeWire has now been found liable for inducing copyright infringement. read more »
Following on from the Chinese State Owned Assets Supervision and Administration Commission's decision to release guidance on what constitutes a "commercial secret", the National People’s Congress has amended the PRC Law on State Secrets, a much more significant piece of legislation. The amendments narrow considerably the definition of state secrets. Mallesons' Nicolas Groffman examines the changes and their implications for anyone exchanging information with Chinese entities here.
On 29 April 2010, the German Federal Supreme Court (Bundesgerichtshof, BGH) handed down a decision that Google is not liable for copyright infringement for displaying copyright protected works as preview pictures (or thumbnails) in Google’s image search results. read more »
Some IP Whiteboard team members have a heightened interest in house plan cases from prior involvement. The recent case of Solitaire Homes Pty Ltd v Urban Ventures Pty Ltd [2010] FMCA 185 has therefore not escaped our notice.
Put simply, the judgment is a great read. The task before Federal Magistrate Neville was onerous: competing stories, warring parties, and evidentiary problems. Neville FM saw first hand that the principle “my home is my castle” can be expensive to protect, and that the wrath of a client can lead to rash actions and long term regret. Such wrath was … very bluntly … conveyed in the affidavit material. read more »
The 2nd United States Circuit Court of Appeal has upheld a decision finding that Jessica Seinfeld, wife of comedian and well-known breakfast cereal lover Jerry Seinfeld, did not infringe any copyright or trade marks in publishing her cookbook Deceptively Delicious: Simple Secrets To Get Your Kids Eating Good Food. read more »