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28 Mar 2022, 2:17 am by Alyson Poole (AU)
The answer has recently been summarised in Viceroy Cayman Limited v Anthony Otto Syrowatka [2021] ATMO 159 (Viceroy v Syrowatka), stating “[i]t is well established that ownership of a trade mark is established either by authorship and prior use, or by the combination of authorship, the filing of the application and an intention to use or authorise use”. [read post]
28 Mar 2022, 2:17 am by Alyson Poole (AU)
The answer has recently been summarised in Viceroy Cayman Limited v Anthony Otto Syrowatka [2021] ATMO 159 (Viceroy v Syrowatka), stating “[i]t is well established that ownership of a trade mark is established either by authorship and prior use, or by the combination of authorship, the filing of the application and an intention to use or authorise use”. [read post]
15 Apr 2015, 12:40 am
The challenge to secure registration is even greater because slogans are often treated merely as a form of advertisement rather than a source identifier (indeed, this might be the case even if the hashtag-based mark includes a well-known registered mark).Trade marks go socialPerhaps there is another way to view hashtag marks such as those above, based on the approach suggested by Judge Kozinski of the U.S. 9th Circuit Court of Appeals.In Plasticolor Molded… [read post]
1 May 2020, 4:24 am by Riana Harvey
 The Deputy Judge stated the importance of comparing the respective marks as a whole, rather than focusing on similarities and differences in their individual features. [read post]
10 Oct 2007, 10:59 pm
State, 701 So.2d 76 (Fla. 1997) and Buenoano v. [read post]
12 May 2011, 2:19 am by war
Symbion Pharmacy Services Pty Ltd v Idameneo (No 789) Limited [2011] FCA 389 [read post]
25 Feb 2010, 4:43 am
Manara explained the inception of the early litigation against eBay and Google as the high water mark of third party liability in France – Hermès v eBay, Dior v eBay, etc. [read post]
22 Dec 2008, 1:00 pm
  The specific "mark" they are worried about is a radio-frequency ID tag that is being required by the state. [read post]
14 Jan 2018, 11:32 pm
Katfriend Guido Noto La Diega (Northumbria University) looks into issues of registration for olfactory marks at the EU and UK levels.Here’s what Guido writes:“In the UK, whereas in theory olfactory trade marks can be registered, there have not been successful applications since the decision of the Court of Justice of the European Union (CJEU) in Ralf Sieckmann v Deutsches Patent- und Markenamt. [read post]