IP Haiku: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418

Your IP Law Report in 17 Syllables

“Judgments are just getting longer and more complicated, I can’t keep up with all of them!”

A familiar refrain uttered by many a lawyer and law student alike, especially in the modern, digital age (although we expect the Courts might refer to the increasing volume of electronic evidence filed by parties in proceedings as a contributing factor!)

So, in that context, could the essence of a judgment be distilled into haiku (short form Japanese poetry consisting of three phrases of five, seven and five syllables)?  Well, we are sure going to try!

Here is our first attempt, distilling the recent decision by Justice Murphy in Phone Directories Company Australia Pty Ltd & Ors v Telstra Corporation Limited & Anor (No 2)*, concerning a trade mark application by Telstra to register the word YELLOW as a trade mark in relation to a range of goods and services, including telephone books and telephone directories in class 9.

Phone Directories Company Australia Pty Ltd & Ors v Telstra Corporation Limited & Anor (No 2)

The word “YELLOW” is

not distinctive of phone books;

can’t monopolise

To read the full case, click here.

*K&L Gates acted for the applicants in this proceeding, which has been appealed to the Full Court of the Federal Court of Australia.