Mallesons IP Whiteboard - Trade marks

Memorable advertising slogans - Part 2

Mallesons IP Whiteboard — Mon, 06 Feb 2012 12:41:35 +1100

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 »

Are these the most memorable advertising slogans ever? And how brand reputation is hard to prove

Mallesons IP Whiteboard — Tue, 31 Jan 2012 22:42:58 +1100

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 »

Which is the best area of intellectual property law? Google Ngram provides an answer

Mallesons IP Whiteboard — Wed, 18 Jan 2012 15:00:00 +1100

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

Making its Mark: “Occupy Wall Street” Files Trade Mark Application

Mallesons IP Whiteboard — Tue, 20 Dec 2011 14:58:47 +1100

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 »

Can a ‘metatag’ infringe your trade mark?

Mallesons IP Whiteboard — Wed, 30 Nov 2011 15:26:47 +1100

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 »

Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK

Mallesons IP Whiteboard — Mon, 28 Nov 2011 10:38:23 +1100

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 »

What’s the “Fitchuation” now? Publicity stunt, negative branding or trade mark infringement?

Mallesons IP Whiteboard — Tue, 22 Nov 2011 11:08:19 +1100

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 »

Roses are red, violets are blue…Louboutin’s appealing, Tiffany & Co care too

Mallesons IP Whiteboard — Fri, 18 Nov 2011 19:09:53 +1100

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 »

Like sands through the hourglass... sometimes Bills become Acts

Mallesons IP Whiteboard — Wed, 16 Nov 2011 16:48:03 +1100

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 »

Update: Herman Miller v Matt Blatt

Mallesons IP Whiteboard — Tue, 08 Nov 2011 10:38:16 +1100

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 »