Author Archive | Wayne Covell

Registering mastheads as trade marks

Successful publishing titles and mastheads should ideally be protected by trade mark registration. Without this publishers are forced to rely on the law of passing off and the consumer protection provisions of the Trade Practices Act 1974(Cth). The trouble with these legal actions is that reputation in the masthead has to be proved afresh every time it’s attacked. This […]

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The beauty of Madrid

This year marked the 6th anniversary of Australia becoming a Madrid Protocol member. This allows for an international trade mark application to be filed in many countries through a single application filed in Australia. Britain has been a member since 1995 but the USA didn’t sign up until November 2003. There are now more than […]

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Titles as trade marks

Major Hollywood studios and television networks have no equal when it comes to registering motion picture and television titles as trade marks. Titles are not subject to copyright protection so the studios and networks have spent a fortune registering their titles as trade marks and then taking legal action against usurpers.  But not all film […]

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