Intellectual Property & eCommerce
FocusPapers in the area of Intellectual Property & eCommerce.
Watch This (Expanding Internet Domain Name) Space: An Initial Report on the New Generic Top Level Domain Names
20 November 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The following FocusPaper provides a broad overview of ICANN's newly proposed procedure for the introduction of additional top-level domain names to the Internet. ICANN has produced explanatory papers which serve to aid a potential applicant's understanding of the implications of the new gTLDs and the process they must undergo (see, for example, the ICANN 'New gTLD Applicant Guidebook' now open for public comment through ICANN's 'Public Comment Forum' - to be commented on by the likes of INTA and other prominent contributing organistations by 8 December 2008). This FocusPaper is the first in a series which will follow (and provide relevant commentary on) the developments of the intriguing yet technically complex procedures being considered and employed to implement what is set to be the biggest and most revolutionary transformation to the Internet since its inception.
Australia - Copyright in Databases/Compilations - the Ice Case - is any use of Information in a Database Subject to Copyright Permitted?
4 September 2008
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
In May 2008, the Full Federal Court of Australia upheld an appeal by Nine Network Australia Pty Limited ("Nine"), finding that Ice Pty Limited ("Ice") had infringed the copyright in Nine's television program schedules. The Full Federal Court held that Ice infringed Nine's compilation copyright by substantially reproducing Nine's program titles and times in Ice's subscription-based electronic program guide ("EPG") for television.
New .tel Domain Name - Available to Trade Mark Owners from December 2008
18 August 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The next generation of Domain Names will arrive later this year. Unlike its predecessors (like the .mobi Domain) the .tel Domain is not targeted to those wanting a Domain from which to run, for example, a company website. Rather, the .tel Domain aims to act as a name based navigation system.
A Monster Waste of Energy? The Federal Court Delivers a Firm Reminder About Trade Mark Registration
11 July 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The Federal Court's judgment in Hansen Beverage Company v Bickfords (Australia) Pty Limited ([2008] FCA 406, 31 March 2008) emphasises that it is vital to register a trade mark in Australia in order to protect rights in a name, regardless of the trade mark's widespread use overseas.
Can a Shape Trademark be used to Extend Patent Rights?
11 March 2008
Author: Martin O'Connor, Partner
Practice area: Intellectual Property & eCommerce
The decision of Greenwood J in Mayne Industries Pty Ltd v Advanced Engineering Group Pty Ltd [2008] FCA 27 was delivered on 23 January 2008 (the "Judgment"). The Judgment illustrates that the Trademarks Act 1995 (Cth) (the "Act") cannot be relied on to provide enduring exclusive rights to protect an article previously protected under a patent. The Judgment suggests that the Act is particularly unreliable in providing exclusive rights where the actual sign is the only commonly known way of describing the article.
Polo - Ralph Lauren - Copyright Claim Comes Unstitched
4 March 2008
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
In a recent decision of the Federal Court in The Polo/Lauren Company v Ziliani Holdings [2008] FCA 49, Polo/Lauren failed in its attempt to restrain the importation into and sale of clothing in Australia bearing the fashion house's signature polo player logo. The case involved the question of whether a symbol, when lawfully embroidered overseas into the external surface of clothing, is protected by copyright within the provisions of the Copyright Act 1968(Cth) so that it may not be imported for sale in Australia without the consent of the person entitled to the Australian copyright.
How Rights in Trade Marks can be Lost in Australia! The Alarming Result of the Colorado Case
12 February 2008
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
In 2006, Colorado Group's action against Strandbags over the infringement of the trade mark "Colorado", with subsidiary claims of misleading conduct and passing off, was heard in the Federal Court of Australia. At the time, Strandbags lodged a counterclaim seeking an order to remove Colorado Group's "Colorado" word trade mark from the Trade Marks Register. This matter was the subject of a recent appeal before the Full Court of the Federal Court.
Fashion Industry - How Can Intellectual Property Rights Assist You?
19 November 2007
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
As part of a joint initiative, the Australian Fashion Council, Council of Textile and Fashion Industries of Australia and IP Australia (the Australian Government Agency responsible for administering intellectual property rights) have launched 'Fashion Rules', which is a guide to intellectual property for the Australian clothing and fashion design industry.
Australia - Defensive Trade Mark Registration
9 August 2007
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
A defensive trade mark can be applied for by a trade mark owner of a well known trade mark for goods and/or services that are not intended to be used by that owner. The purpose of filing a defensive application is to reduce the possibility of other traders using the trade mark for unrelated goods or services. The use of the same trade mark by third parties may cause confusion in the marketplace by persons being led to believe that the goods/services of the third party are owned by the owner of the well known trade mark.