February 10, 2017 11:19 AM | Posted by Nicole Reid | Permalink
According to the Australian Trade Mark Search system, as at 9 February 2017, there were 953 shape marks registered as trade marks, and a further 195 pending shape marks. Some of these marks are shapes used in combination with one or more other kinds of marks (commonly a device, or both word and device), but many are shape marks only. read more
February 9, 2017 12:46 PM | Posted by Dutkowski, Rebecca | Permalink
In our previous blog post, we had reported that in a battle for the name KYLIE, Kylie Minogue had opposed a US trade mark application for "KYLIE" by Kylie Jenner, of "Keeping up the with the Kardashians" fame/infamy. Further developments in this battle, in both Australia and the US have now occurred. read more
January 31, 2017 10:38 AM | Posted by John Steven & Paul Kallenbach | Permalink

Heard of a recent IT project failure?  No?  Maybe you need to get out more.

If there is one topic on which many organisations don’t seem to need any guidance, it is on how to run an IT project off the rails.

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January 25, 2017 4:52 PM | Posted by Hayley Tarr | Permalink
An analysis of the number of trade mark applications lodged in each class in 2016 reveals a great disparity between the classes. read more
January 24, 2017 4:13 PM | Posted by Veronica Scott, Helen Lauder | Permalink
Kick-starting the privacy debate in Australia in 2017, the Full Federal Court has handed down its judgment in Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4.  read more
January 16, 2017 5:03 PM | Posted by Gus Lightowlers | Permalink

Approximately two years ago, the US Supreme court in the Alice decision considered the in-principle patentability of software patents. Since then, gaining US software patents has been very difficult.

In 2016, the United States Court of Appeals for the Federal Circuit has considered numerous appeals from district courts relating to patentable subject matter. This blog post discusses the two-step test from the Alice decision and how the test was applied by the Court in 2016, the developing trends for patentable subject matter in the US as it relates to software patents and the take-away messages for 2017.

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December 23, 2016 4:15 PM | Posted by Nadia Braad & Edward Knowlman | Permalink
Not so long ago, but in a country far, far away, Australia Post set up the 'ShopMate' service, which offers consumers a way to obtain products from sellers in the US who do not normally ship to Australia.  In the lead up to 'Black Friday', monthly registrations for the service tripled.  However, trade mark owners might have a bad feeling about ShopMate, as it may have the unintended consequence of frustrating trade mark owners seeking to prevent cross-jurisdictional importation. read more
December 16, 2016 8:00 AM | Posted by Helen Lauder & John Fairbairn | Permalink
Foxtel and a number of movie studios have secured the first site blocking orders in Australia.  The orders require the major Australian ISPs, on a no fault basis, to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie.  It is a positive step for creative industries and their ongoing initiatives to stop illegitimate free sources of their content. read more
December 7, 2016 2:34 PM | Posted by Hayley Tarr | Permalink
In this post, Hayley Tarr, Senior Associate at Minter Ellison – Gold Coast, suggests that the greater social good would be achieved by a delegation of powers from the courts (the judiciary) to the Trade Marks Office (the executive). read more
December 2, 2016 4:28 PM | Posted by Hayley Tarr | Permalink
When commenting on the trade mark case Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939, Mr Smith is supposed to have said: “[t]his is an example of the ridiculous cost of the law, we’ve spent $550,000 on this case so far, and Aussie Mite has spent something like $400,000.”  His criticism is fair. Intellectual property rights are costly to enforce.  In this post, we consider a possible solution to this problem. read more