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 … Read more
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, best dressed. And it means just that. The first person to use … Read more
Compared to the US and Europe books are expensive in Australia. Australians pay up to 40% more than US consumers. One reason for this is Australia’s parallel import restrictions on books. These prevent cheaper foreign books being sold in Australia except in a narrow range of circumstances. And despite 20 years of federal government reform … Read more
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 … Read more
Exemplary or punitive damages are a powerful remedy. They are designed to punish the wrongdoer, act as a deterrent and discourage the victim from seeking revenge by taking the law into their own hands. They bear no necessary proportionality to the usual compensatory damages and, if awarded, the amount should ‘sting’ (Harris v Digital Pulse … Read more
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. … Read more
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 Australian Consumer Law. The trouble with these legal actions is that reputation in the masthead has to be proved afresh every time … Read more
You don’t think twice when it comes to securing title deeds to real property. But what about the title deeds to your intellectual property?Trade marks often become a company’s most valuable asset. It’s a simple sign that sums your business up. A registered trade mark is like owning the title deeds to that sign. It’s … Read more
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 … Read more