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Results: 1-10 of 58

Lost in translation: when is a foreign word mark inherently adapted to distinguish?

  • Clayton Utz
  • -
  • Australia
  • -
  • March 18 2013

Foreign word marks can be inherently adapted to distinguish goods for the purposes of the Trade Marks Act 1995, even where the foreign language in

Court changes its tune on internet-streamed radio

  • Clayton Utz
  • -
  • Australia
  • -
  • March 5 2013

Copyright owners will be able to claim a separate royalty for their songs played in a radio program that is simulcast over the internet, following a

Federal Government responds to Convergence Review in part, with key issues left for another day

  • Clayton Utz
  • -
  • Australia
  • -
  • December 6 2012

The Federal Government's initial response to the Convergence Review Final Report deals with television broadcasting licence fees, Australian content requirements and the 75 audience reach rule

Nowhere to run for grey goods importers? Full Federal Court restricts parallel importation defence

  • Clayton Utz
  • -
  • Australia
  • -
  • November 22 2012

Any would-be importer of grey goods now needs to investigate carefully the circumstances under which the trade marks have been applied

IP laws are ok, but reforms needed for public-private research collaborations, says ACIP

  • Clayton Utz
  • -
  • Australia
  • -
  • November 12 2012

Collaborations between business, universities and other publicly-funded research organisations are an important driver of innovation, and Australia's IP laws generally support them, but confusion and lack of certainty about commercial arrangements are getting in the way

Raising the bar - changes to the Trade Marks Act 1995

  • Clayton Utz
  • -
  • Australia
  • -
  • November 8 2012

The amendments to the Trade Marks Act 1995 should result in improvements in a number of areas of trade mark practice by streamlining processes, reducing delays and generally benefit trade mark owners

Descriptive but not distinctive: individual elements of a word mark may not necessarily be protected

  • Clayton Utz
  • -
  • Australia
  • -
  • September 13 2012

The recent Australia Post case shows how hard it is to establish trade mark infringement where the words comprising a well-known mark are otherwise generally descriptive

Optus TV Now copyright case: High Court refuses to play, but ALRC will pick up the ball

  • Clayton Utz
  • -
  • Australia
  • -
  • September 13 2012

The High Court will not hear the Optus TV Now appeal on copyright infringement, leaving the important issue of whether the time-shifting exception will be extended to cloud storage platforms to be considered by the Australian Law Reform Commission

It's developed in work hours with the employer's resources - can the employee still own copyright?

  • Clayton Utz
  • -
  • Australia
  • -
  • August 16 2012

Employers should ensure employment agreements are clear in providing that inventions or creations using information belonging to an employer belong to the employer

The parallel importers' defence: how to establish "consent" of the Australian trade mark owner?

  • Clayton Utz
  • -
  • Australia
  • -
  • July 19 2012

In practice, would-be parallel importers will have great difficulty in establishing consent and making use of the defence

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