Category:
Branding, Trade Marks, Designs & Patents

09/03/16

“When my customer smiles at me…I go to Rio”: Ambush Marketing and the Rio Olympics

As Brazil prepares to host the 2016 Olympic and Paralympic Games in Rio de Janiero, the Brazilian Congress has been busy attempting to protect the valuable intellectual property surrounding the Rio Olympics by enacting specific legislation in an effort to curb ambush marketing attempts, and unlawful associations by brands, which inevitably occurs during large scale...

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Trade marks never go out of style: the battle for ‘New York Fashion Week’

There has been an ongoing battle for the rights in the term ‘New York Fashion Week’ between Fashion Week, Inc (‘FWI’), a company that sells tickets to New York Fashion Week events, and the Council of Fashion Designers of America (‘CFDA’)– the industry’s major not for profit trade association with a membership of over 450...

UPDATE: Copyright dispute between Seven and Nine reaches mutually-agreed settlement

In a blog post last year we discussed The Seven Network’s (Seven) failed attempt to obtain an interlocutory injunction against The Nine Network (Nine), alleging that The Hotplate infringed Seven’s copyright in My Kitchen Rules. The crux of the dispute was the similarity in format, with Seven arguing that it owned the copyright separately in both...

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....

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...

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