Intellectual property.

Blog

Not quite a kick in the teeth for trade mark owners

On 29 April 2020, the High Court of Justice in England handed down its judgement in Sky v SkyKick, primarily regarding broad trade mark specifications and bad faith trade mark applications. The judgement followed much-anticipated guidance...

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Bega owns the dress: do you own your unregistered trade marks?

Kraft has lost its appeal in the Full Court of the Federal Court regarding its claimed ownership of peanut butter packaging trade dress. This is likely to have significant consequences on how businesses protect and commercialise unregistered...

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Who owns the dress?

Kraft Foods Group Brands LLC (Kraft) and Bega Cheese Limited (Bega) disputed who owns the right to sell peanut butter in Australia with the trade dress of 'a j...

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Can you post that photo?

As a business operator, today’s social media landscape allows you to share photos with your followers to help build your brand and network. But have you ev...

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Keeping your business safe from cybersquatters

You will be familiar with the term 'squatters' in a property context, used to define a person who unlawfully occupies a property that does not belong to them...

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Part 2: Trade mark use – what, when & who?

In part 1 of our blog we discussed Aldi’s court battle with Moroccanoil Israel (MI)[1]. In part 2, we discuss the importance of trade mark ‘use’ and hi...

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Copy-right or copy-wrong?

In an age where pirates download Game of Thrones, monkeys take selfies and almost every other month a music artist is accused of ‘ripping off’ a Marvin Gaye...

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Don’t forget my name

Anyone who has ever had to brand something knows how hard it is to come up with a name. Establishing recognition for your brand can be even harder. And most dif...

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Lights, camera….. lawsuit?

Street photos, social media photos, brand photos, stock photos. You may have found these online, purchased a right to use them, taken them yourself or arranged...

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