Consumer & Retail – Page 5

Diving Deeper Into the Amendments to the Australian Designs Act: Tips, Tricks and Risks (Part 1)

Mar 25 2022

Protecting the visual appearance of a product, or its packaging, should be a key consideration in any comprehensive IP protection strategy. We have previously written about amendments to the Australian Designs Act 2003 (Cth) (here and here). All changes to the Designs Act have now come into force as of 10 March 2022. In this first of a series of articles, we delve deeper into amendments that introduce the long awaited grace period.

F45 Cops a Punch in Further Australian Decision on Patents for Computer Implemented Inventions

Feb 18 2022

The scorecard against computer implemented inventions being patentable in Australia took another hit this week when the Federal Court revoked two innovation patents from global fitness giant, F45 in F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 2) [2022] FCA 96. Justice Nicholas of the Federal Court held that F45’s innovation patents, which involved a computer implemented system for configuring and operating one or more fitness studios, were invalid and even if they were valid, rival fitness franchise Body Fit Training did not infringe them.

Name and Shame On Instagram – The ASA’s New Tactic For Non-Compliant Influencers

Feb 08 2022

In June 2021, the UK’s Advertising Standards Authority (ASA) began naming and shaming certain influencers for “consistently failing to disclose ads on their Instagram accounts, despite repeated warnings and help and guidance on sticking to the rules” on their website (see here).

The name and shame list was created as a result of the ASA Influencer Monitoring report, which found inconsistent ad disclosure by influencers on Instagram through Stories, posts and Reels, with the disclosure rules being followed only 35% of the time (see here). The influencers listed on the webpage are subject to enhanced monitoring and remain on there for a minimum of three months.

Australian Government Acquires Copyright in Aboriginal Flag Design

Jan 25 2022

The Australian Government has announced the purchase of copyright in the Australian Aboriginal Flag, ending several years of controversy and uncertainty and guaranteeing the ability of First Nations peoples to freely use the flag to express their identity.

The Dangers of Informal Licensing Agreements – An Update on the Hardingham v RP Data Case

Nov 05 2021

In February 2020, we wrote about the Federal Court’s decision in Hardingham v RP Data Pty Ltd, in which Justice Thawley held that RP Data (the operator of a real estate commercial information database) did not infringe copyright owned by Real Estate Marketing (REMA) and its sole director, Mr Hardingham, in images and floorplans created for real estate listings. Justice Thawley found that REMA/Mr Hardingham had effectively authorised the use of their copyright materials by RP Data, via a chain of implied licences and sub-licences from REMA/Mr Hardingham to real estate agencies, to the operator of realestate.com.au and ultimately to RP Data. This was despite the fact that there was no clear or written agreement between REMA/Mr Hardingham and the real estate agencies to whom the copyright images and floorplans were supplied.

Designs Law Changes Now Enacted in Australia

Oct 06 2021

Following on from our article of 15 February 2021, which can be read here, the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 received Royal Assent on 10 September 2021.

UAE to Join the Madrid Protocol

Oct 05 2021

In great news for companies that file trade marks internationally, the Government of the United Arab Emirates has agreed to join the Madrid Protocol from 28 December 2021.

Full Federal Court Decision Reaffirms That There Is No Infringement By Authorisation Under Australian Trade Mark Law

Aug 24 2021

The Full Court of the Federal Court of Australia has reaffirmed that a registered trade mark can only be infringed by the primary user of a trade mark and there is no concept of authorisation of infringement recognised under Australian trade mark law.

“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

Jul 14 2021

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a three-dimensional mark must be undertaken by reference to the specifics of common practice in the market for the relevant products.

Unicolours v. H&M: Copyright Registration Validity

Jun 22 2021

On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915. With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.

A copyright registration certificate is not valid if obtained by offering false information and that information, if known, would have resulted in the registration being denied. Under 17 U.S.C. §411(b)(2), where knowingly inaccurate information is included in an application for copyright registration, “the court shall request the Register of Copyrights to advise the court whether the inaccurate information if known, would have caused the Register of Copyrights to refuse the registration.”

Category:Consumer & Retail