Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Thursday, March 27, 2014

Delegate for a Day – Designs edition

By Lester Miller – Patent attorney, Senior Associate

Pop quiz! We again invite you to be a delegate of the Registrar of Designs:

Step 1: Think like someone familiar with the products shown (an informed user).
Step 2: Get an overall impression of each design in the surveys below. In each category, ask yourself whether the designs are identical or substantially similar to any of the ones shown as prior art.
Step 3: Decide whether you would allow (if the designs are not substantially similar) or revoke (if the designs are substantially similar) the new design in light of the closest prior art provided.
Step 4: Enter your decision into the response and read our brief comments on these real-life cases.

Tuesday, March 25, 2014

Something brewing: a five-star debate on trade marks

By Deborah Jackson, Senior Associate 

Last year this IP blog reported on the legal battle between Cantarella and Modena over the registered trade marks CINQUE STELLE and ORO in relation to coffee. CINQUE STELLE means 'Five Star' in Italian, and ORO means 'gold'. While round one had gone in favour of the registered trade mark owner Cantarella, it rather looked as if the alleged trade mark infringer Modena had emerged victorious when the Full Federal Court had come down firmly on its side. The High Court has now entered the fray by granting special leave to Cantarella to appeal the Full Federal Court's decision.

Friday, March 21, 2014

Bugatti v Bugatchi: The cost of trade mark infringement

By Kimberley Evans, Trade Mark Attorney 

In early December 2013, this IP blog reported the decision in Bugatti GmbH v Shine Forever Men Pty Ltd (Shine Forever [Strike?] No. 1) in which Shine Forever's BUGATCHI UOMO trade mark was found to infringe Bugatti's registered BUGATTI trade mark. Since the time of our post, there has been an opposition decision from IP Australia as well as an order for compensation by way of an account of profits from the Federal Court and Shine Forever ain't looking so shiny now…

Tuesday, March 11, 2014

An update on new gTLDs

By guest blogger Dr Bruce Tonkin, Chief Technology Officer, Melbourne IT Ltd

As reported in a previous blog post, new top level domains names are progressively being introduced into the Internet.

In March 2012, there were more than 1500 applications for new names at the top level of the DNS.  Companies such as Amazon and Google applied for more than 100 names each. These names vary from geographic names like .Brussels, company names like .BMW, industry sector names like .Clothing, and generic names like .International.

Between July 2013 and February 2014, 290 of these names were allocated to organisations and from 5-10 new names are being allocated every week. Of these new names, over 150 have been added to the top level of the DNS, again at the rate of about 5-10 per week.