IPeriscope

IP lawyer, trade mark attorney, futurist

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The Snowden Effect: a new international right to privacy and new privacy clauses

Edward Snowden, a former National Security Agency (NSA) contractor, leaked documents to The Guardian and The Washington Post newspapers leading to exposes from 5 June 2013 concerning the NSA’s collection of data using Internet surveillance programs.

The…

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@JamesDean:Twitter Tags and the Personality Rights of Dead Celebrities

James Dean isn’t exactly a celebrity that you’d expect to find actively tweeting. CMG Worldwide, which handles the commercial estates of a number of dead celebrities that include Dean’s estate, has filed a lawsuit against the social networking giant over…

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Queensbury Rules – Boxing and the Queensbury Brand

In 1867 the Queensbury Rules, attributed to the Marquess of Queensbury, were published introducing…

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Why Business Name Registrations Matter in Australia

Under section 18 of the Business Names Registration Act 2011 (BNRA), it is an offence to carry on a business under an unregistered business name in Australia.

The business name registration system is quite different to the trade mark registration system.…

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The Survey Evidence Swing-and-Miss: Australian Postal Corporation v Digital Post Australia

In what should be an entirely unremarkable and unsurprising decision, the Full Federal Court recently ruled unanimously that the marks ‘Digital Post Australia’ and ‘www.digitalpostaustralia.com.au’ were not be deceptively similar to Australia Post’s…

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Cash Converters v Webber (No 2): Res Judicata in Trade Mark Opposition Proceedings

The lamentable practice of some IP practitioners repeatedly filing trade mark applications in order to subvert the opposition process in the hope that an Opponent does not notice a second application has been the subject of scrutiny in proceedings before…

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Trade Marks for Real Estate Developments in Australia – the hidden implications in searching and registration

Common law searches for businesses in the real estate sector often miss statutory databases.

Place names are governed internationally by the UN Group of Experts of Geographic Names (UNGEGN). Australia sits within UNGEGN’s Asia South-east Pacific…

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Trade Marks and Domain Names: the importance of notoriety.

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Zynga Wins Over Mattel Over 3D Scrabble Tile Dispute

A few months ago, American toy manufacturing company Mattel, Inc. claimed that social media game…

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The difference between a font and a typeface, and the legal protection afforded to the latter. 

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Clive Palmer and the Titanic Brand

Eccentric Australian billionaire #ClivePalmer is well-known for his obsession with the sunken ocean liner, RMS Titanic. This obsession is manifesting itself in not just a desire to re-make James Ca...