King’s CANDY trade mark not so sweet

The publisher of the popular game Candy Crush Saga recently attracted savage criticism for its attempts to trade mark the word CANDY in the United States. King.com Limited (King) filed a trade mark application in the United States in February 2013 for the trade mark ‘CANDY’ in classes 9, 25 and 41 for goods and …
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Australian Trade Marks – Tales from the Past

The first Australian Trade Marks Act (1905) commenced on 2 July 1906.  Prior to this date the youthful Australia had a series of state based registration systems for trade marks, which were effectively superceded by this Commonwealth Act. The very first Australian Trade Mark application made under the new, unifying Australian Act was Trade Mark …
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Wayward brewer bursts SABMiller beer bubble

Phillips Ormonde Fitzpatrick joins our client, Peter Philip, to celebrate a win in a trade mark opposition brought by SABMiller India Limited against Mr Philip’s Australian trade mark application for WAYWARD, covering beer in class 32. Mr Philip is a micro-brewer, who started his business in the inner-west of Sydney in 2012. Mr Philip has …
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Terminating IP Agreements

Terminating an intellectual property (IP) agreement can be more complex than terminating more common commercial contracts. IP contracts deal with property – intellectual property. Thus the question arises as to what is to happen to that intellectual property upon termination. The agreement itself should provide for this or, if it does not do so explicitly, …
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