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Ninth Circuit Upholds Injunction for OpenAI Over Dissent’s Charge of Abuse of Discretion
OpenAI, Inc. has won a fight at the U.S. Court of Appeals for the Ninth Circuit to preliminarily enjoin Open Artificial Intelligence, Inc. and its [...]
When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative [...]
Motorola Can't Get $73M From US Radio IP Win In UK Courts
A London judge said Thursday that Motorola cannot recoup $73 million in interest and costs despite having convinced a U.S. court that Chinese radio maker Hytera [...]
BREAKING: Satire News Outlet Buys Alex Jones' Infowars At Ch. 7 Auction
Satirical news website The Onion has purchased Alex Jones' Infowars at a Chapter 7 bankruptcy auction, according to a Thursday announcement by the firm representing [...]
Jury Backs Some Claims In Inline Plastics Patent, Axes Others
A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute. [...]
Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel
Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices [...]
Ex-Oil Products Co. VP Admits To Stealing Trade Secrets
A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. [...]
Google Says $20M Thermostat IP Verdict Was 'Manufactured'
Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District [...]
Alnylam Says It's Not A 'Patent Troll' In Vax IP Row
Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, [...]
Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage
Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses [...]
Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight
A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction [...]
Fed. Circ. Judges Frown On Custom Emoji Patent
A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that [...]
Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report
An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira [...]
UK Supreme Court’s SkyKick Judgment Sends Trademark Owners Scrambling to Review Registrations
The UK Supreme Court today held that the England and Wales Court of Appeal was wrong to overturn a 2020 High Court decision that found [...]
Fed. Circ. Won't Send Microchip Patent Suit To NY
The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded [...]
Pharma Companies Fight it Out at High Court Over Whether CAFC Disregards Appellate Review Limits
A brief filed with the U.S. Supreme Court yesterday urged the Justices to deny a petition to the Court contending the U.S. Court of Appeals [...]
US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has [...]
BREAKING: Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies
Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, [...]
Oakland Airport Must Stop Using 'San Francisco Bay' In Name
The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying [...]
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for [...]
Future of Anti-Deepfake Federal Law Is Murky, Panel Says
Panelists at a Los Angeles intellectual property conference that included attorneys and representatives of the U.S. Patent and Trademark Office, the U.S. Copyright Office and [...]
Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says
An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade [...]
Deal Ends Google Patent Case Soon After Start Of $22.5M Trial
A patent trial in New York federal court ended with a settlement Tuesday, shortly after counsel for Kewazinga Corp. told jurors that the Street View [...]
Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal
A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to [...]

Design Registration in Australia

What is a design? The Designs Act 2003 (Cth) defines a design in relation to a product as meaning the overall appearance of the product resulting from one or more visual features of the product. Design registration is intended to protect designs which have an industrial or commercial use. The purpose of design registration is […]

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Trade Mark Infringement: “TACO Tuesday” OR “TACO SUES’DAY”?

A popular pub in Melbourne’s Footscray has received a cease and desist letter from the popular Mexican chain franchise “Salsas Fresh Mex”. The letter alleges that the pub “The Reverence Hotel” is infringing the intellectual property rights of Salsas as the owners of the trade mark “Taco Tuesday”, and demands that The Reverence immediately stop […]

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Sydney IP Lawyers Update : IPSANZ Conference

W3IP Law attended the IPSANZ conference in Sydney hosted by Gilbert +Tobin Lawyers, and presented by Clive Elliot QC. The conference provided an update on Australian and New Zealand IP law and recent developments. Clive addressed some new and exciting case law and areas of IP reform in both NZ and Australia. This article will […]

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EVENT   |   15th June, 2018

TEDx Sydney 2018 To Share Ideas worth Spreading

The theme of this year’s event is to explore the theme “HumanKind”. A platform to propagate Australian creativity and innovation. A unique and inspiring day of talks, performances, films and debate. Says TEDxSydney’s Head of Curation, Fenella Kernebone: “TEDxSydney is the ultimate destination for curious minds, game-changers and for those who seek to be inspired. […]

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What is a Sales Agency Agreement?

In certain circumstances, a person will appoint another person to act on its or his or her behalf. The former is the Principal and the latter are the Agent. The Agent may act on behalf of the Principal to bring about legal relations between the Principal and a third party.A Sales Agency Agreement outlines the rights […]

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Cryptocurrencies and Trade Mark Infringement

In recent news, UAE based ‘crypto’ company “Alibabacoin Foundation” are being sued by Chinese e-commerce giant Alibaba Group Holding. The proceedings allege that the UAE company are “intentionally misleading” consumers as to the false connection between the two companies. Alibaba is seeking damages for violation of its intellectual property rights and an injunction restraining the […]

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The Impact of Brexit on EU Trade Marks

What will be the fate of EU trade marks after the United Kingdom departs from the European Union? The UK is set to leave the EU on the 29 March 2019. This means that any intellectual property (IP) registered in the EU, will no longer have any legal effect in the UK after the departure […]

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Intellectual Property Commercialisation

For many Australian companies, China represents a substantial market share or at least the potential to increase the size of a company’s business. Integration into the Chinese market, however, can be a significant challenge for businesses and can come at a risk to any existing or future IP Rights of that business. This article offers […]

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“The Right to be Forgotten”: Google Loses Landmark Case

Google has been defeated in the English High Court this month by a businessman who was previously convicted of a surveillance offence, in an important “right to be forgotten” ruling. The case sets a momentous precedent for personal privacy rights against conflicting public interest considerations. The High Court considered that the applicable legislation –  the […]

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Protecting Your Brand – Adidas and Reebok Take Legal Action

Adidas and Reebok have together taken legal action against 53 e-commerce sites for trade mark infringement, counterfeiting and unfair competition. The well-known sporting giants have alleged that the e-commerce sites have been “promoting, selling, offering for sale, and distributing goods bearing counterfeits” and imitations of the popular brands goods. Subsequently, the sporting giants have filed […]

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