It is well-established that a shape or colour alone can function as a trade mark, that is, a badge of origin indicating to consumers the source of the relevant goods or services. However, in practice, achieving the level of ubiquity
GIVE ME ONE REASON (Why I Should Settle this Copyright Infringement Dispute)
Sampling is a popular form of music borrowing, and it is common practice for artists to experiment and create derivative works of an existing song before obtaining a license from the copyright holder. This creative process received significant attention in
Bacardi Must ‘Gin and Beer It’ In Failed Trade Mark Opposition Proceeding
The decision of Bacardi & Company Limited v Dickinson Distribution Group Pty Ltd [2020] ATMO 117 (1 July 2020) confirms the acceptance of the similarity between goods in classes 32 and 33, and in particular accepts that gin is similar to beer. Hence, it is vitally important for owners of marks registered in classes 32 and 33 to monitor for any potentially infringing marks in the wider beverage market.
A smooth [not crunchy] win in Bega’s favour
The facts of the 2019 Federal Court decision in Kraft Foods Group Brands LLC v Bega Cheese Limited were far from simple. The case centred around a battle between Kraft and Bega, involving considerations of ownership and divestment of rights
A different type of virus
When times become tough, stressful and trying, many people react with humour. As the world finds itself in the midst of a global medical virus, a different type of virus – a virtual virus – has taken off and continues to grow. COVID-19. A virus interchangeably referred to as Coronavirus. A virus which is familiar to almost all of humanity at the present time. And a virus which has become the subject of many social media memes, jokes and other humorous online content.
But what happens when it is your business or personality that becomes the subject of such a “virtual virus”?
Stranger than Sci-Fi Part 2: Should Artificial Intelligence machines be recognised as owners of IP?
IP legislation often finds itself struggling to plug gaps in the law caused by the rapid pace of technological change, and the state of the law surrounding ownership of AI-generated products is no different. In the first article of this series, we considered how current Australian patent and copyright law frameworks would deal with questions of AI ownership for AI-generated IP.
Stranger than Sci-Fi: Can (and should) Artificial Intelligence machines own intellectual property?
Artificial Intelligence, or AI, refers to the capability of a machine to imitate intelligent human behaviour. Though it sounds like something out of a sci-fi film, the reality is that AI is quickly becoming a norm in our everyday lives, from the simple AI systems used to sort email inboxes, to complex AI systems known as “Generative Adversarial Networks” (GANs), which can be trained to autonomously produce new products without human input. This has resulted in a new type of intellectual property: AI-generated IP.
Are IP Australia costs awards set to finally reflect costs incurred? Proposed changes to trade mark hearing cost awards
In December 2019, after much anticipation, IP Australia released a draft of proposed amendments to the costs that may be awarded in relation to trade marks proceedings heard before IP Australia. IP Australia comments that these changes should ensure awards
It’s NUT yours, it’s mine: Kraft Foods v Bega Cheese and the importance of intellectual property due diligence
It’s the peanut butter packaging debate that has recently captured the hearts and minds of the Australian public. Whether you were confused or not, the Court’s decision (found here) highlights the need for thorough IP due diligence whether you
Ok Google, Hey Siri, Hi Alexa – have you renewed my trade mark yet?
With the ever increasing ubiquity of technologies improving everyday tasks in personal life, it is little wonder that such technologies are also offering efficiencies and advantages in the work context. Phrases such as process automation, data mining, machine learning and