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Genericide or Velcro’s battle to avoid sudden death of their trade mark

What is more ironic than a Trade Mark losing its protection due to its own success? The legal term for this phenomenon is ‘Genericide’, it is a form of abandonment e.g. “when a mark becomes the generic name for the goods or services on or in connection with which it is used.” Badge of origin … Continue reading Genericide or Velcro’s battle to avoid sudden death of their trade mark

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Claiming Rights To Usernames: A Case Study Of Facebook And Instagram

Claiming rights to usernames such as for Facebook and Instagram accounts is not always a straight forward exercise. These companies operate and apply a set of different rules; however, there are international trademark rules they have to adhere to. Claiming rights to usernames with Facebook A Facebook username is a unique identifier that appears below … Continue reading Claiming Rights To Usernames: A Case Study Of Facebook And Instagram

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WATCH OUT! HOW TO MAINTAIN YOUR TRADE MARK

Congratulations! Being a smart business owner, you managed to build your intellectual property portfolio and register your brand as a trade mark. By nurturing and maintaining the brand, you will turn it into a money-making machine, that drives cash into your pocket, even when you are retired. As there is never a free lunch, hard … Continue reading WATCH OUT! HOW TO MAINTAIN YOUR TRADE MARK

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Testarossa, and How Ferrari Lost Its Most Famous Car Through Non-Use

There’s nothing more iconic than a red 1984 Testarossa Ferrari roaring on a winding Italian county road. However, a German court ruled last week that Ferrari no longer has any right to use the Testarossa brand due to non-use of the trade mark. Testarossa, meaning “red head” in Italian, began production in 1984. The model … Continue reading Testarossa, and How Ferrari Lost Its Most Famous Car Through Non-Use

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Hashtag Trade Marks #ProtectYourIP

Hashtag Trade Marks, the latest craze. A hashtag is a word or phrase preceded by the symbol ‘#’ that classifies or categorizes the accompanying text. It is an identifier commonly used for communication on social media platforms such as Twitter, which started the trend in 2009. Initially it was used to group discussion on certain … Continue reading Hashtag Trade Marks #ProtectYourIP

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Trade Mark vs. Website Domain: Who Wins?

You are the Owner of the Trade Mark, “ABC”. However, one day, you discover that a Website has the URL, www.abc.com.au. Does the Website Domain Name Infringe Your Trade Mark? Does the Website Domain Name Infringe Your Trade Mark? In Australian Trade Mark Law, s 120(1) of the Trade Marks Act 1955 (Cth) provides that a Trade … Continue reading Trade Mark vs. Website Domain: Who Wins?

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Rebranding – How ALDI does it and what we can learn from it

German grocery chain ALDI has approximately 10,000 stores in 18 countries with an estimated combined turnover of more 70 Billion Dollars. The successful company started as “Karl Albrecht Lebensmittel” (eng. “Karl Albrecht Groceries”) in 1948 and has since updated its well-known brand and logo every 10 years. The last logo introduced in 2006 looked outdated … Continue reading Rebranding – How ALDI does it and what we can learn from it

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Brexit is Becoming Reality – The Must Know for Trade Mark Owners

The U.K. is that much closer to Brexit. Having recently communicated the date to set Article 50 of the Lisbon Treaty in motion – which triggers the formal split from the European Union. Prime Minister May is expected to begin the Brexit process on Wednesday, 29 March 2017. The subsequent 2-year period of negotiation with the … Continue reading Brexit is Becoming Reality – The Must Know for Trade Mark Owners

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WIPO – World Intellectual Property Organisation

The need for protection of Intellectual Property (IP) has certainly increased since the industrialisation of many industries and their herewith associated development in a country or region on a wide scale. This need culminated in 1873, when foreign exhibitors refused to attend the International Exhibition of Inventions held in Vienna, Austria, for fear their ideas … Continue reading WIPO – World Intellectual Property Organisation

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