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Intellectual property law

Can relaunching an old brand be misleading or deceptive? You bettor believe it

These days, it seems that everything old is new again; so if you if you are looking for a new brand, it’s a safe bet to go back to one of your old ones, yes?  Well, no, as CrownBet has just discovered in its attempt to bring back the “Sportingbet” brand back to Australian sports

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July 21
2018
Competition and consumer law Intellectual property law

If it’s not original, it will be dismissed Swiftly – the lessons from the “Shake it off” copyright case

When reading legal cases, it is common to see references to the work of learned legal authorities.  It is less common to see references to the work of Fleetwood Mac, Cypress Hill, Outkast and Sir Mix-A-Lot.  However, in a recent US case alleging copyright infringement by singer Taylor Swift and her songwriting team, it was the judge’s

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February 23
2018
Intellectual property law

It’s a long way to the top if you want a rock’n’roll trade mark

A couple of months ago, we wrote about an American dance/rock band who had to go all the way to the top (in this case, the US Supreme Court) in order to win the right to trade mark their band name.  We then considered how that case might have played out in Australia, given the

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August 31
2017
Intellectual property law SVL in the community

Do US and Australian laws have different slants on “scandalous” trade marks?

In the US Supreme Court last week, a band called The Slants had a big win. The band, who are apparently “the world’s first and only all-Asian American dance rock band”, had applied to register their band name as a trade mark. Registration had been refused on the basis of a legislative provision which prohibited

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June 25
2017
Intellectual property law