Archive: August 2022

1
Cadbury’s Purple Reign: High Court Allows Cadbury to Register Their Iconic Purple Colouring
2
Swatch v Samsung: App Store Operators are Not Intermediaries and Can be Liable for Trade Mark Infringement
3
The New Digital Frontiers: How IP is Adapting to Virtual Worlds, from NFTs to Virtual Products
4
High Court Split 3-3 in Landmark Decision on the Patentability of Computer Implemented Inventions in Australia

Cadbury’s Purple Reign: High Court Allows Cadbury to Register Their Iconic Purple Colouring

Cadbury has proven the adage that perseverance is the key to success as their continued and well-document pursuit over the registration of the colour purple has finally seen success in Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch). The UK High Court has partially upheld the Cadbury appeal over UKIPO’s previous 2019 decision. Hopefully, this will bring clarity to businesses wishing to register colour marks instead of creating further ambiguity around the registrability requirements of colour marks and other non-traditional marks.

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Swatch v Samsung: App Store Operators are Not Intermediaries and Can be Liable for Trade Mark Infringement

The High Court of Justice of England & Wales has recently held Samsung liable for trade mark infringement for watch faces sold on the Samsung Galaxy App store (“Samsung’s Store”) and infringing Swatch Group’s trade mark rights. The judgement provides useful guidance on intermediary liability specifically regarding app store operators.

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The New Digital Frontiers: How IP is Adapting to Virtual Worlds, from NFTs to Virtual Products

Virtual products, the metaverse, and non-fungible tokens (NFTs) have recently been expanding and receiving considerable attention from investors, the general public; as well as the art world. Within the span of a year, NFT-backed virtual works of art have been reaching new height, from Beeple, Everydays: The First 5000 Days (March 2021 – US$69.3 million) to The Merge (December 2021 – US$91.8 million). Today, the most valuable living artist in history is a virtual work of art author (Pak, author of The Merge).

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High Court Split 3-3 in Landmark Decision on the Patentability of Computer Implemented Inventions in Australia

The High Court has issued its eagerly awaited decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (Aristocrat). Six High Court Justices presided over the appeal from the Full Federal Court of Australia (Full Court Decision), which we wrote about in November 2021. The High Court was split 3-3, meaning the appeal was dismissed and Aristocrat’s patent application will not proceed to grant.

The split decision leaves the question of the patentability of computer implemented inventions (CIIs) somewhat unresolved in Australia.

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