Archive | Trade Marks

Motion Marks

Trade marks that move or have motion have been around for a long time.  Since 1924 MGM Studios have a motion mark at the start of their feature films showing the image of a roaring lion.  It has been parodied many times including a Monty Python version with the lion replaced by a croaking frog. From 1927 […]

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Tune into trade marks

Madonna, Sting, Paul McCartney, The Estate of Jim Morrison, Dire Straits, David Gilmour of Pink Floyd and Jennifer Lopez have all been caught up in domain name disputes. There are many lessons that aspiring musicians can learn from these cases. Perhaps the most important is the value of a trade mark registration. While a trade […]

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First in, best dressed

Creating and protecting your own fashion brand By Wayne Covell and Robin Covell It’s no secret that fashion and brand labels go hand-in-hand.  The leading fashion brands are all registered trade marks. But what can up-and-coming designers do to protect their label in their early years? A classic principle in trade mark law is first in, […]

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Registering band names as trade marks

Surprisingly few bands have registered their names as trade marks in Australia. You’d think, for example, that Pink Floydand Led Zeppelin would be registered as Australian trade marks. And you’d be wrong. Not a single Australian trade mark registration exists for these world famous bands. That’s not to say that these bands lack protection for their names in […]

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Google sued by the Australian government competition watchdog

Google’s sponsored links and AdWords have caused a wave of litigation throughout the world. At this year’s International Trademark Association (INTA) conference in Chicago there was standing room only at sessions on the topic. Now Australia has joined the fray with the Australian Competition and Consumer Commission suing Google in the Federal Court. While the Federal Trade Commission […]

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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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