Archive: 2021

1
Australian Movement Trade Marks: Businesses “Moving” with the Times?
2
Advertising in the Time of Coronavirus
3
A Welcome Proposal to Introduce a Grace Period Into the Australian Designs Act
4
High Court of New Zealand Trade Mark Clash Over the Colour Green
5
New rules for .au domain names to launch on 12 April 2021
6
“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms
7
Are Pre-Launch Statements Now Within the Range of the National Advertising Division?
8
Battle of the ballet shoes: UK court finds infringement of registered community design

Australian Movement Trade Marks: Businesses “Moving” with the Times?

In a technological age where most consumers are receiving their information digitally, brands need to find new ways to engage with consumers. With nine out of ten Australians owning a smart phone and spending on average three hours a day on their devices, consumer engagement by way of multimedia is growing, increasing the popularity of movement trade marks.

The first movement trade mark was registered in Australia in 2002. There are currently 99 registered movement trade marks in Australia.

Read More

Advertising in the Time of Coronavirus

COVID-19 and the many national lockdowns that have followed have caused a huge shift in advertising and marketing. Suddenly, everyone is at home and receiving nearly all content digitally; through their phones, tablets and TVs, and advertising budgets have been sliced and squeezed as companies shift scarce resources to other parts of their business.

Regulators are faced with a new challenge and responsibility to protect consumers from companies who would price gouge and profit from panic caused by COVID-19. The UK regulator, the Advertising Standards Authority (ASA), has published a fair number of decisions and guidance in relation to the coronavirus.

Read More

A Welcome Proposal to Introduce a Grace Period Into the Australian Designs Act

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Bill), with important changes to designs law, is currently before Senate for consideration. It includes a much-anticipated change to implement a grace period that will allow designers to publish their designs before applying for design protection.

Read More

High Court of New Zealand Trade Mark Clash Over the Colour Green

The High Court of New Zealand in Energy Beverages LLC v Frucor Suntory NZ Limited [2020] NZHC 3296 ruled that energy drink company Frucor Suntory NZ Ltd’s (Frucor) non-traditional green colour trade mark was valid. This decision is a rare example of a New Zealand based Court analysing non-traditional marks and highlighting the difference to Australia’s position. A full copy of the decision can be found here.

Read More

New rules for .au domain names to launch on 12 April 2021

The .au Domain Administration (auDA) has announced new auDA Rules that will change the eligibility, allocation and terms for .au domain registration and renewal. These will come into effect on 12 April 2021 and can be accessed here.

Read More

“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms

The owner of the trademark “LETTUCE TURNIP THE BEET” cannot prevent third parties from printing the mere phrase on t-shirts, tote bags, or other products. The U.S. Court of Appeals for the Ninth Circuit affirmed on January 20, 2021 that consumers are likely to purchase such products because they find the phrase aesthetically pleasing and not because they associate the phrase with any particular source. LTTB LLC v. Redbubble, Inc., 19-16464 (9th Cir. 2021).

Read More

Are Pre-Launch Statements Now Within the Range of the National Advertising Division?

In a bold departure from its focus on allegedly misleading and deceptive statements in commerce, the National Advertising Division’s (“NAD”) decision in PLx Pharma, Inc. (Vazalore), Report #6912, NAD/CARU Case Reports (December 2020), arguably stretches its jurisdictional scope to include certain pre-national launch investor statements.

Read More

Battle of the ballet shoes: UK court finds infringement of registered community design

The UK IP Enterprise Court has ruled that an Austrian shoe company infringed a registered community design (“RCD”) held by a US based sustainable fashion brand although there was no infringement of the corresponding unregistered community design (“UCD”). The decision is a relatively rare example of a UK, or EU, based Court analyzing fashion items and addressing design novelty issues between 2017 and now. A full copy of the decision can be found here.

Read More

Copyright © 2020, K&L Gates LLP. All Rights Reserved.