Fire Fighting
Australia is notorious for being a country plagued by rampant bush fires. Over the years, valuable agricultural land, forestry, residential areas and even towns have been threatened or wiped out by uncontrollable bush fires. These bush fires have given rise to considerable damage and even loss of life. It is perhaps therefore not surprising that Australians should have a pathological fear of fire imbued in their psyches. There is an involuntary will to fight fire whenever smoke appears. In a fresh desire to eradicate smoke by stamping out fire, the Australian government has reached a...
Read MoreMedals, Models & Moguls – The Fashion News Roundup
In this special report, the VineOracle (IPStell’s personal pundit on all things IP) brings news (and her own brand of predictions) for the aesthetically minded visitor. And it is a star-studded cast of high-flyers (and fast swimmers) from Paris and New York representing some of the most exclusive brands. But do not be fooled by the A-list members on call, from what the VineOracle hears, these celebrities are prone to IP rights violations aplenty. Read on: Michael Phelps caught double dipping on the IOC’s bill The greatest Olympian in history retired from professional swimming at...
Read MorePopularisation of Intellectual Property
INTRODUCTION Intellectual property is commonly regarded as an esoteric branch of the law. It is characterised by being complex and until recently it has been a little understood and somewhat discrete area of the law. Its complexity stems from the fact that it has as its subject matter intangible items such as marks, ideas, concepts, goodwill, cultural expressions and the like. This must be contrasted with tangible goods like vehicles, ships, equipment, household goods, and immovable items such as portions of land, all of which have a physical existence. The application of the law to...
Read MoreThe Numbers Game – Trade Marks and Domain Names
On the Internet there is only one thing that really matters – prominence. It is the nexus of all factors that drive the ever-expanding cyberspace. In this world, the attention span of every visitor is measured in seconds, and the amount of traffic to a specific website measured with scientific precision. It is, therefore, not surprising (and a cause for concern) that trade marks are set to become a casualty in the battle for online supremacy. The fact that trade mark infringement on the Internet is a present danger is not new. However, few realise the extent to which the domain name system...
Read MoreAdvertising Slogans – Woolworths v Frankies
The Advertising Standards Authority (“ASA”) has ruled that retailer Woolworths must stop using the phrase GOOD OLD FASHIONED as it imitates beverage manufacturer’s “GOOD OLD FASHIONED SOFT DRINKS” advertising slogan. In 2006, beverage manufacturer Frankie’s Olde Soft Drinks (“Frankies”) launched its FRANKIES range of drinks. The range was based on “vintage” flavouring, which was emphasised in all promotional material through the use of the slogan “GOOD OLD FASHIONED”. The slogan appeared on all point of sale and advertising material, such as posters, table talkers...
Read More