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A nine-person Los Angeles jury has found that Katy Perry’s 2013 song Dark Horse infringes the copyright in Marcus Gray a.k.a Flame’s 2009 song Joyful Noise. The copyright infringement claim concerned the beat and opening instrumental riff of Flame’s Joyful Noise. Copyright Infringement – Not just noise The riff is a single bar comprising of 8 notes – CCCC BBB A – of an A minor scale. Flame alleges that this is the “hook” of…
They used to say you could make a fortune from real estate but the big bucks now are in cyber real estate- buying and selling domain names, and the industry is booming. The recent sale of the website domain name Money.com.au for $400,000 –one of the biggest sales to date of an Australian .au domain name- shows the commercial and financial benefits of astute domain name dealing now. Queensland domain entrepreneur Ned O’Meara who has…
Patents and the Right of Repair – Ink dries on Re-making patented goods in the Full Court   In Calidad Pty Ltd v Seiko Epson Corporation the Full Court has addressed the extent of ownership rights held by the purchaser of goods protected by patents and whether any Right of Repair which may exist extends to any subsequent owners of the patented goods. The Appellants had asserted the consequence of a patentee selling a patented…
A USD$12M Lesson in trademark registration – Wawona-ship of Majestic Yosemite TradeMarks returned to National Park We all learn through bitter experience. Sometimes we have the opportunity to learn through the bitter and expensive experience of others. Delaware North Inc has taught both Aramark and the United States Government the very expensive lesson that a trader should always register a trademark. Trademark Registrations Following a dispute between concession operators Delaware North Inc and Aramark,…
We recognise that the value of a brand to a business is important. Global brands like McDonald’s, Red Bull and celebrities like Kim Kardashian, Cardi B and Paris Hilton invest significantly in their brands. However, not everyone is a trade mark lawyer and not everyone has the same budget of McDonald’s and Red Bull to spend on protecting their brand. Some brand owners file their own trade mark applications without obtaining quality advice.…
IP Australia has recently launched a new tool to search Design registrations. The tool is based around the image recognition software already used by IP Australia in respect of image searching under the Trade Mark Search tool. It replaces the very outdated ADDS tool which was difficult to use and particularly difficult to use successfully. If you are a fan of with Google’s reverse image search tool you’ll also like the ability to upload and…
What do Kim Kardashian, rapper Cardi B and Paris Hilton have in common? – all have come unstuck over moves to try and trade mark common words. Brisbane intellectual property and trade marks lawyer Nicole Murdoch says there’s a trend now of celebrities trying to trade mark their catch phrases or use a common term as a trade marked business brand. She says Australian entrepreneurs trying to copy the move and trade mark a popular…
Australian entrepreneurs trying to trade mark a popular word as their business brand should take heed of the legal stumble by American celebrity Kim Kardashian. The social media, TV and fashion range queen tried to trade mark the word Kimono to brand her new range of shapewear but after an enormous lash back from the public – especially the Japanese- she has retreated from this idea. Brisbane intellectual property and Trade Mark lawyer Nicole Murdoch…
Today the LNP is learning a good lesson on protecting domain names. They let LNP.COM.AU expire and someone grabbed it up and it is now redirected to Bill Shorten’s Labor website. If you let your domain name lapse and want it back, give EAGLEGATE a call, we excel at this. https://www.lawyersweekly.com.au/sme-law/25494-boutique-firm-calls-out-pollies-ahead-of-federal-election For the Latest Tips, Tricks, News and Industry Insights, Subscribe Today First Name Last Name Email address: Leave this field empty if you’re human:…
Slater & Gordon is attempting to trade mark a phrase that is common in the legal industry and the EAGLEGATE news article discussing the attempt is getting a run in Australasian Lawyer. You can read more here: AustralasianLawyer A Bing search for the term “We win cases like yours” reveals 18,800,000 search results from dozens of Australian and overseas lawyers. What are your thoughts? Should Slater & Gordon have a trade mark registration for “We…