Does Reputation Ensure Distinctive Character of a Trade Mark? Not Necessarily
Name and Shame On Instagram – The ASA’s New Tactic For Non-Compliant Influencers
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.
Read MoreAustralian Government Acquires Copyright in Aboriginal Flag Design
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.
Read MoreEUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU
AC Milan is one of Europe’s most decorated football clubs with seven European Cup/Champions League titles and 18 Serie A (Italian league) titles. However the Rossoneri, as the club is affectionately known, recently came up against an unfamiliar opponent in an unfamiliar field of play, being in the General Court of the European Union (the General Court), following their attempts to register their club crest as a trade mark.
Read MoreUAE to Join the Madrid Protocol
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.
Read MoreFull Federal Court Decision Reaffirms That There Is No Infringement By Authorisation Under Australian Trade Mark Law
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.
Read MoreBoard of Directors of the Dubai International Financial Centre (DIFC) Authority Issues IP Legislation Update
The Board of Directors of the Dubai International Financial Centre (DIFC) Authority recently issued the DIFC Intellectual Property Regulations (IP Regulations). The IP Regulations took effect on 5 July 2021 and were issued pursuant to the DIFC Intellectual Property Law, DIFC Law No. of 2019 (IP Law).
Read MoreRegistrability of Shape Marks and Technical Function of Complex Products: The Pirelli Case
The CJEU has rendered its decision on the invalidity actions brought by Yokohama against the below shape mark filed by Pirelli. The mark represents a single groove of a tyre tread, covering “tyres, solid, semi-pneumatic and pneumatic tyres, rims and covers for vehicle wheels of all kinds, vehicle wheels of all kinds, inner tubes, wheel rims, parts, accessories and spare parts for vehicle wheels of all kinds“ in class 12.
Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?
Many companies and activists toe the line of trade mark and copyright infringement in the name of parody, satire and criticism. In Australia, the fair dealing copyright exception for the purpose of parody or satire had rarely been judicially considered. There have now been two recent cases considering the defence.
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