High Court “Zips” Up Honest Concurrent Use
In a decision with major implications for brand strategy, the High Court of Australia has upheld a high bar for traders to adopt a brand name “honestly”.
Read MoreArtificial Intelligence and Copyright: Where Does the United Kingdom Stand?
The UK Government’s report on the copyright and AI consultation was recently published. While the report confirms that balancing the interests of copyrights holders and AI developers is a complex exercise, it also provides an indication of likely scenarios to consider in this fast-evolving environment.
Read MoreDividing and Conquering: Best Method Obligations Follow Every Divisional Patent Application
In an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International 1 held that the relevant date for assessing the best method known to the applicants is the filing date of each divisional application. This judgment carries significant implications for patent filing and litigation strategies, as patentees must consider the adequacy of the best method disclosures in existing and future divisional patent specifications.
Read MoreUSPTO Introduces Patent Owner Pre Order Submission on SNQ in Ex Parte Reexam
In an Official Gazette notice dated 1 April 2026, the USPTO announced a new procedure allowing patent owners to submit a limited “pre order” paper addressing whether a third party ex parte reexamination request raises a Substantial New Question (SNQ) of patentability under 35 U.S.C. § 303(a).
Read MoreFame Isn’t Everything: Australian Designer Trumps Popstar After Long-Running KATY/KATIE PERRY Trade Mark Dispute
The High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry (born Katheryn Hudson) and Australian fashion designer Katie Taylor (born Katie Perry).
Read MoreUS Design Patents and ITC Enforcement: Are Design Patents the Most Interesting Intellectual Property Asset in ITC Investigations?
A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, “I don’t always seek ITC enforcement. But when I do, I prefer to include a design patent.” GoPro, Inc. had alleged that Arashi Vision, Inc. d/b/a Insta360 (Insta 360) infringed claims of five different utility patents and one design patent.
Read MoreNever Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia
The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films1, finding that general moral rights waivers for copyright works are not enforceable.
Read MoreQuestions to AI Models May Be Discoverable
On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine. The Government had seized approximately thirty-one documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege because the inputs included attorney-learned information, were created to facilitate consultations with counsel, and were later shared with counsel.
Read MoreOh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own
A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual Property Office’s (UKIPO) invalidation of a third party’s trade mark despite there being no earlier registered mark in the UK.
Read MoreSocial Media Misuse—A Cautionary Tale
We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts.
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