Category:
Advertising, Communications, Media, PR & Creative Agencies

03/03/16

The two-stripe dispute between Adidas and shoe branding finally comes to an end

After a long running battle between Belgian footwear company, Shoe Branding, and Adidas, the Court of Justice of the European Union (CJEU) finally sided with Adidas on 24 February 2016. Shoe Branding filed a Community trade mark application in 2009 in connection with footwear which featured similar stripes to that of Adidas’ famous two stripe branding....

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She should be so lucky: Kylie Minogue opposes Kylie Jenner’s ‘Kylie’ US trademark application

In 2015, reality TV star Kylie Jenner filed a number of federal trademark applications in connection with both her first name and her full name with the U.S. Patent and Trademark Office (“USPTO”), largely seeking protection for the name in connection with advertising services. However on 22 February, KDB (an Australian-based business representing Minogue) filed...

No fair or fair enough? Equals Three v Jukin and the doctrine of fair use in the States

In late 2015, a Californian court was faced with the difficult task of assessing what is fair use in the context of the digital age. Jukin Media, Inc. has built a substantial business out of licensing and distributing viral video clips to companies such as NBC, Fox, BBC and other distributors. It has a team...

Out-foxing the Pirates? Foxtel and Village Roadshow launch legal action to block piracy sites in Australia

Foxtel and Village Roadshow are set to be the first companies to make use of the new website-blocking laws passed in June 2015 under the Copyright Amendment (Online Infringement) Act. Village Roadshow has filed a case in the Federal Court, seeking to have the movie-piracy site “SolarMovie.ph.” blocked and Foxtel’s action targes the well-known piracy...

Passing off wins over delay

The Federal Court has recently provided some guidance on how damages will be assessed in passing off cases. Winnebago- the well-known American manufacturer of RV’s – successfully sued Australian RV manufacturer Knott Investments for passing off back in 2010. By way of a short history of the matter, back in 1978 Knott Investments, without Winnebago’s...

Parody is in the Eye of the Beholder

After reading our previous blog below about Louis Vuitton’s lack of success we thought it would be interesting to look at another parody case with a very different outcome. This case was between Tiffany and Costco. Costco had used the term “Tiffany” on signage for diamond engagement rings that were not made by Tiffany. Costco’s...

Copying is the Highest Form of Flattery?

Louis Vuitton’s parent company LVMH filed a trademark case nearly two years ago against a tote bag company called My Other Bag. My Other Bag was creating canvas totes, which featured the Louis Vuitton iconic patterned bag on the side. LVMH has recently lost its legal battle against My Other Bag. The New York...

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