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News and Insights From Williams Hughes
The rise of programmers’ colophons – an intuitive moral rights assertion
It seems to be a contemporary trend of website and software developers to include words such as “Powered by…” on the landing page of a website. Many websites go further, and might provide a very detailed list of the website designer, website maintenance team, and even the provider...
“Made in…?”: Country of Origin Labelling Reforms in Australia
Recent changes to the Australian Country of Origin Food Labelling Information Standard 2016 (“CoOL”) was no doubt influenced by the notorious frozen berry scare in Australia in 2015, which allegedly linked a hepatitis A outbreak to imported frozen berries. This generated public interest ...
The Core of the Pink Lady Trade Mark Dispute: High Court of Australia refuses to revisit Apple and Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280 (23 November 2016)
In April 2017, the High Court of Australia refused special leave to appeal the decision of the Court of Appeal of the Supreme Court of Victoria. This resolved the long running contractual dispute over the “Pink Lady” trade mark. (It effectively ensures that all use of the “Pink Lad...
Bye, Innovation Patents (and other news): Australian Productivity Commission – The Federal Government Response
The Australian Federal Government’s response to the controversial Productivity Commission’s Inquiry into Intellectual Property Arrangements was released on Friday. It deals with the many recommendations made by the Commission. Here are some of the highlights, in so far as they directl...
Like a Boss: Crossfit Inc v Bossfit Pty Ltd [2017] ATMO 74 (24 July 2017)
CrossFit, an entirely too vigorous regime of exercise as far as we are concerned, is an international fitness business with many adherents across the world and in Australia. As the evidence in this matter noted, “[The Opponent] licences the CrossFit mark to affiliates throughout the world, ...
Limitations on the Prior Use Defence: Cabcharge Australia Limited v E2 Interactive [2017] ATMO 76 (28 July 2017)
On 30 August 2011, e2Interactive Inc. (the Applicant) filed a trade mark registration application for the following logo (the Trade Mark), covering a wide variety of products and services under classes 9, 35, 36, 38, 40, and 41, but mostly in relation to cards, communication, entertainment, and mark...
Swiss Style Claims and Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129
On 18 August 2017, the Australian Full Federal Court has overturned a prior decision made by the Administrative Appeals Tribunal in 5 September 2016 over Re AbbvVie Biotechnology Ltd [2015] APO 45, with regard to several applications for an extension of term for Australian patents 2012261708, 201320...
Fishing for Phishers: Recent UDRPs brought by the UK Commissioners for HM Revenue and Customs
Phishing, the fraudulent act of soliciting money from members of the public through emailed demands, is a scourge, in which phishers deceive especially the elderly or naive. On 22 February 2017, the Commissioners for Her Majesty’s Revenue and Customs of London (the Complainants) filed a com...
Snakes and No Ladders: Hoser v Bunnings Group Ltd & Anor [2017] FCCA 1624 (13 July 2017)
Mr Raymond Hoser describes himself as a “globally recognised reptile expert” and is a government-licensed wildlife demonstrator. Mr Hoser owns registered Australian trade marks for the term “snake man” and “Snake man”. Mr Hoser initiated an interlocutory applic...
Trade marks and graphic design: the bear trap of industry themes
One consideration for graphic designers upon receipt of a brief to design a new brand identity is to mitigate the risk of confusion between a client’s brand and competitors’ brands. There is a tension between this, and rendering a logo so that it looks like it falls into a particular ...