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2nd Circ. Says Ace Can Cut Cord On Covering Dish DVR Suits
The Second Circuit on Wednesday found that Ace American Insurance Co. had no duty to defend Dish Network in copyright infringement suits brought by four [...]
A Law Firm Leader's Guide To Seeking Effective Feedback
Law firm leaders often claim to have their pulse on the people in their firms, but perspectives can be heavily weighted toward certain partners, so [...]
2nd Circ. Sends Light Fixture IP Suit To Fed. Circ.
The Second Circuit has handed over an intellectual property dispute involving copyright, trademarks and design patent claims covering lighting fixtures to the Federal Circuit, saying [...]
Ex-Assistant Seeks To Trim Mary Kay Book Lawsuit
The former personal assistant of Mary Kay Inc.'s founder has pushed back against the business in Texas federal court, asking a judge to toss part [...]
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a raft of new equal pay claims against supermarket Tesco, security firms Serco and G4S facing fresh lawsuits [...]
McKool Smith To Promote 4 To Principal In NY, Texas Offices
McKool Smith Hennigan PC will promote three associates and a senior counsel to principal positions in its New York, Dallas, Austin and Houston offices, the [...]
Key Developments that Shaped the USPTO in 2021
"Adjusting to the new normal" is a phrase that can be used to describe the United States' and the world’s response to the events of [...]
The Biggest UK IP Decisions Of 2021
The past year has proved quieter for intellectual property lawyers than 2020, but the English courts nevertheless handed down notable decisions in 2021 ranging from [...]
In Rare Move, Albright Stays 5 Cases For PTAB Reviews
U.S. District Judge Alan Albright, who oversees the nation's busiest patent docket, has granted five requests to pause infringement litigation while the Patent Trial and [...]
New Draft Policy Will Create Obstacles For SEP Owners
The Biden administration's position that the public interest could be harmed by owners of standard-essential patents seeking injunctions will provide new leverage to accused infringers [...]
Pot Seed Entrepreneurs Say They Were Cut Out Of Co.
California cannabis company Next Green Wave Holdings LLC and its CEO have been sued in California state court by the owners of another cannabis company, [...]
TTAB Won't Nix 'Naked' Condom TM After High Court Appeal
The Trademark Trial and Appeal Board has refused to cancel a Florida company's registered trademark on the word "naked" for condoms, unmoved by arguments by [...]
Facebook Scores Judge Albright's 1st Alice Ax
Facebook scored an extraordinarily rare win from Western District of Texas Judge Alan Albright when he ruled shortly before trial that a research company's patent [...]
EPO Appeal Board Affirms Only Humans Can Be Inventors
The board that oversees European Patent Office appeals said on Tuesday that only humans can be listed as inventors on patents, shooting down a scientist [...]
Holmes Judge Nixes Jury Request To Take Instructions Home
A California federal jury weighing the criminal fraud case against former Theranos CEO Elizabeth Holmes signaled Tuesday that it would need more time to reach [...]
Mo. Distillery Urges 8th Circ. To Revive TM Suit Coverage Row
A Kansas City, Missouri, distillery told the Eighth Circuit on Tuesday to resurrect its coverage suit with Cincinnati Insurance Co. over defense costs spent for [...]
Furniture Co. Says $3.5M IP Verdict Was After Atty Failure
A Canadian furniture manufacturer has launched malpractice claims in Illinois state court claiming the company is on the hook for a $3.5 million trademark infringement [...]
Leahy Tells Justices Apple-Qualcomm Ruling Threatens AIA
The Federal Circuit's refusal to let Apple appeal its Patent Trial and Appeal Board loss against Qualcomm because it had a temporary license to the [...]
New IP Monetization Models Will Rely Less on Litigation in 2022
From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. IP business models will evolve, and risk [...]
Boston Scientific's Alice Challenge Flops In Del.
Delaware's top federal judge turned down Boston Scientific's bid to toss a rival's patents that cover spinal cord stimulation to treat chronic pain, and told [...]
Inventor Asks Fed. Circ. To Revisit Ruling Over USPTO Policy
Computer chip inventor Gilbert Hyatt is asking the full Federal Circuit to take another look at whether the U.S. Patent and Trademark Office has a [...]
Taft Stettinius Adds 3 Veteran IP Attorneys In DC
Taft Stettinius & Hollister LLP has added two intellectual property partners and an intellectual property-focused of counsel to its Washington, D.C., office, the firm announced [...]
mRNA IP and Competitive Landscape: 2021 in Review – Part I, Update on Moderna, BioNTech, and CureVac
In April of this year, we provided a three-part series relating to the IP and Competitive Landscape for the mRNA market. In this post (Part [...]
SoundExchange Wins Royalty Board Review In Rights Battle
A D.C. federal judge on Monday handed a win to the licensing group SoundExchange in kicking a songwriting royalty rights battle with the cable channel [...]
Australian Intellectual Property Report 2021

Australian Intellectual Property Report 2021

Trade marks A trade mark is a type of intellectual property and consists of a sign that distinguishes the goods and services of one trader from another trader in the marketplace. A registered trade mark gives the owner a 10-year period of protection over the trader’s exclusive rights to use, license and sell the mark. […]

Trade Mark Opposition Process

The Trade Mark Opposition Process

As the owner of a trade mark, you are responsible to defend your trade mark rights. Therefore, you should know about the purpose and process of trade mark opposition proceedings. It is important for you to be familiar with the complexities of trade mark oppositions so that you are properly informed in case someone opposes […]

Smart Contracts W3iplaw

What are Smart Contracts?

Blockchain is a technology that is built on Bitcoin and powers the world’s first decentralized currency. This type of technology is described as immutable, transparent, anonymous and decentralized. It is decentralized through the use of peer-to-peer technology to send payments or data between entities without the involvement of a bank or other financial institution. There […]

Modern Slavery Act 2018

What You Need To Know About the Modern Slavery Act 2018

The Modern Slavery Act 2018 (Cth) (the ‘Act’) entered into force on 1 January 2019 and its aim is to combat modern slavery in global supply chains. Modern slavery describes situations of serious exploitation and can include situations of human trafficking, slavery, servitude, forced labour, debt bondage, forced marriage and child labour. It describes situations […]

Series Trade Mark Applications

Series Trade Mark Applications

What Is A Series Trade Mark Application? A trade mark is a business’ most valuable marketing tool. It is a way of identifying a business, its products, and/ or services from another business, product, or service in the market.  Businesses most commonly use their brand names or logo as their trade marks. However, there are […]

Copyright Protection of a Logo - W3iplaw

Copyright Protection of a Logo

“God holds the copyright, as the sole author of life.” ― Gift Gugu Mona Visual brand elements such as logos are protected under the law of copyright and also trade mark law. Copyright consists of exclusive rights to do acts in Australia with respect to a work for the duration of copyright in that creation. A […]

Food and Grocery Code of Conduct Amendments – A new “Fair Go”

Food and Grocery Code of Conduct Amendments – A new “Fair Go”

The Food and Grocery Code of Conduct (the ‘Code’) serves as a voluntary guideline for grocery retailers and wholesalers in relation to their dealings with suppliers. In 2015, the Australian Government prescribed the Code into law under the Competition and Consumer Act 2010. The purpose of the Code is to ensure that signatories do not […]


Who Owns the Copyright in an Interview or Social Media Post?

We live in a world where a “tap” or a “click” can make a big impact. Social media and technology have made it possible for you to show intimate details of your life to millions of people. Images of “#wokeuptoday”, #FOTD or food of the day, mommy goals, where you are spending your vacation and […]

Protect your Family Recipe - w3iplaw

Can you Protect your Family Recipe under the Law of Intellectual Property?

Traditionally, recipes are either passed down to the next generation or shared between households, chefs and cooks. But what if you are engaged in the business of selling food using your own version of a special recipe passed down to you? Obtaining a patent for a recipe is possible. However, your recipe has to pass […]

IP Australia - New Trade Mark Fees Effective 1 October 2020 | W3iplaw

IP Australia – New Trade Mark Fees Effective 1 October 2020

In 2019, IP Australia conducted reviews of its fee schedules in consultation with various stakeholders. The results of the extensive, 19-month review were finalised and released on 7 August 2020. IP Australia announced that the updated fee schedules will apply commencing 12 AM AEST on 1 October 2020. The new fees will impact charges payable […]