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A cautionary tale (and tips) for inventors
19 May 2009 - 11:16am - Helen Conrad
Confidentiality Patents Trade marks

Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea.  But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.

 read more »

Partner: Wayne McMaster   Subjects: Confidentiality | Patents | Technology | Trade marks  
Coles supermarket ticks off the Heart Foundation
20 January 2009 - 9:32am - Helen Conrad
Marketing and advertising Trade marks

According to the Sydney Morning Herald, Coles is set to overhaul its home brands partly due to concerns that the Coles Tick is too similar to the Australian Heart Foundation Tick.

Coles has two main home brands - You’ll Love Coles and SmartBuy.  Both brands carry a tick in a circle.  It is especially prominent on the SmartBuy products - which carry a red tick inside a white circle.

Sound familiar?  If you reverse the colours - a white tick in a red circle, you essentially have the Heart Foundation Tick. 

However, Coles recently announced that their home brand packaging will be redesigned, and the tick is being left off.  read more »

Partner: Natalie Hickey   Subjects: Marketing and advertising | Trade marks  
Can’t you take a joke? UK defamation case offers guidance on when the Courts will be amused
25 May 2009 - 5:32pm - Helen Conrad
Copyright

The Australian parody/satire fair dealing defence to copyright infringement was introduced in December 2006 (s 41A of the Copyright Act).  But does anyone really know what it covers?  Humour is subjective, and there is a dearth of relevant case law in this country.  How can we know when courts will see the funny side of life and find that the defendant's use of the work constitutes a fair dealing?  read more »

Partner: Natalie Hickey   Subjects: Copyright  
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"Writing for the IP Whiteboard blog is a welcome release from the constraints of writing formal alerts and journal articles.  In what other forum could we have fun writing about Charlie Sheen's trade mark applications, the ongoing saga of Willy the Wizard, and balancing up the trade mark registrations of the Collingwood and St Kilda football teams in AFL grand final week?" - Jonathan Kelp

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