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:
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 »
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 »
The United Kingdom's Office of Fair Trading has joined its European and US counterparts in considering the potentially anticompetitive effect of patent litigation settlements that involve 'reverse payments'. read more »
The Recent Full Federal Court decision rejecting the damages claims of the representative applicant, grandfather Graeme Peterson, has been appealed to the High Court. read more »
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 »
On 26 October 2011, the Intellectual Property Research Institute of Australia (IPRIA) and the Centre for Media and Communications Law (CMCL) hosted a free seminar at the Melbourne Business School titled 'Brands and the Challenges of Grey Markets'. The panellists were, by a surprising majority, in support of parallel imports…is this the way of the future? read more »
Last Friday, the Senate passed the National Business Names Registration Package to replace the existing state-based business name registration system with a national online register. While the registration of trade marks is still separate, and will continue to take place through IP Australia, there will be links to IP Australia in the registration process and entities will be prohibited from registering names that are “identical”, “nearly identical”, “undesirable”, or “restricted”. If you wondered whether naming your new-born child was challenging, have a think about what the new process means for your business... read more »
The Full Court of the Federal Court of Australia today overturned the 2010 decision that marked the first successful class action ruling in the world in relation to arthritis drug VIOXX. read more »
Brand owners use product placement and sponsorship deals to create positive brand associations in the mind of their target consumers. James Bond can wear their brand of luxury watch or drive their car in a spectacular car chase scene. But what happens when a brand is shown in a context that will draw an undesirable or negative association? In 2011, three examples demonstrate the issues that can be caused when a brand is used or worn in an undesirable context. read more »