IP Law Watch

Legal issues, law and regulations concerning the world of IP.

 

1
U.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application
2
Aussie Burger Wars Continue: KFC v. HFC
3
A Thorny Issue Resolved as “Flowers For All” Trade Mark Deemed Distinctive
4
Burger Wars: The Big Beef Between McDonald’s and Hungry Jack’s–McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412
5
Genuine Use Of a Trade Mark In Relation To Second-hand Parts: The Ferrari TESTAROSSA Case
6
Artificial Sweeter Decision Sours Halal Authority: Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175
7
Upcoming UKIPO Representation Changes – The Effects of Brexit Continue
8
WIPO Updates Deadlines for Responses to Provisional Refusals
9
Hydrogen Storage, Distribution, and Transportation: Developments in Hydrogen Carriers
10
In Starch Contrast: Australian Patent Office Makes key Finding on use of Trade Marks in Patent Specifications

U.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application

In a decision dated 11 December 2023, the Copyright Review Board of the United States Copyright Office affirmed the Office’s refusal to register an AI-generated artwork submitted by Ankit Sahni.

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Aussie Burger Wars Continue: KFC v. HFC

In KFC THC V Ltd v. Grill’d IP Pty Ltd [2023] ATMO 192, KFC THC V Ltd (KFC) brought an opposition against the registration of the trade mark “HFC” filed by Grill’d IP Pty Ltd (Grill’d). KFC is a global chain of fast food restaurants otherwise known as Kentucky Fried Chicken. Grill’d is an Australian chain of burger restaurants which markets its food as a healthier, fresher alternative to the major fast food chains. The trade mark “HFC,” standing for “Healthy Fried Chicken,” is used by Grill’d for the fried chicken options on its menu.

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A Thorny Issue Resolved as “Flowers For All” Trade Mark Deemed Distinctive

Business blooms for one trade mark owner as “FLOWERS FOR ALL” has been deemed distinctive enough to be registered as a trade mark in Australia.

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Burger Wars: The Big Beef Between McDonald’s and Hungry Jack’s–McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412

In McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412, fast-food giant McDonald’s and Australian dinner-time rival Hungry Jack’s faced off in the Federal Court of Australia over their burger names BIG MAC vs BIG JACK and MEGA MAC vs MEGA JACK.

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Genuine Use Of a Trade Mark In Relation To Second-hand Parts: The Ferrari TESTAROSSA Case

In a recent decision, the EUIPO Board of Appeal provided further guidance on what constitutes genuine use of a trade mark in relation to sales of replacement parts in the EU. The Board of Appeal held that genuine use cannot be established if the proprietor of the mark is not actively involved in the sale of the second-hand goods or their spare parts. The decision follows the 2020 CJEU decision in the Ferrari Spa v Du case, where the CJEU held that use of a trade mark amounts to genuine use if the trade mark holder sells second-hand goods directly. 

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Artificial Sweeter Decision Sours Halal Authority: Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175

The Halal Certification Authority Pty Ltd (HCA) is a for-profit company that provides certification services to third parties. It is the owner of the following trade mark registered for issuing halal certification to businesses and individuals for goods and services if religious and technical requirements are met:

(HCA Badge).
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Upcoming UKIPO Representation Changes – The Effects of Brexit Continue

One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs deriving from an EU national trade mark or international registration designating the EU.

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WIPO Updates Deadlines for Responses to Provisional Refusals

Businesses seeking registration of trade marks overseas will have greater clarity on deadlines for responding to provisional refusals, following an update by the World Intellectual Property Office (WIPO). As of 1 November 2023, local intellectual property offices are required to give the holders of Madrid System international trade mark registrations (IR Holders) a minimum period of 60 days or two months to respond to provisional refusals.

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Hydrogen Storage, Distribution, and Transportation: Developments in Hydrogen Carriers

According to the joint EPO-IEA report summarizing patent trends in the hydrogen economy  (summarized here), technologies related to storage, distribution, and transportation of hydrogen are among the most critical challenges for large-scale deployment. Standardized infrastructure for hydrogen trade is essential to allow the market to function and flow.

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In Starch Contrast: Australian Patent Office Makes key Finding on use of Trade Marks in Patent Specifications

In the field of intellectual property, the interplay between trade marks and patent claims is very rarely discussed, given the distinct scope of protection provided by each. In Australia and New Zealand, patent examiners tend to raise an immediate clarity objection when a trade mark finds its way into a claim. This concern arises from the fact that a trade mark is an identifier of origin, and products bearing them can undergo variations across jurisdictions and time frames. This makes the intended scope of the claim unclear in many situations. Consequently, Australian and New Zealand examiners commonly raise objections based on clarity when trade marks feature in patent claims during the examination process.

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