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A nine-person Los Angeles jury has found that Katy Perry’s 2013 song Dark Horse infringes the copyright in Marcus Gray a.k.a Flame’s 2009 song Joyful Noise. The copyright infringement claim concerned the beat and opening instrumental riff of Flame’s Joyful Noise. Copyright Infringement – Not just noise The riff is a single bar comprising of…

They used to say you could make a fortune from real estate but the big bucks now are in cyber real estate- buying and selling domain names, and the industry is booming. The recent sale of the website domain name Money.com.au for $400,000 –one of the biggest sales to date of an Australian .au domain…

Patents and the Right of Repair – Ink dries on Re-making patented goods in the Full Court   In Calidad Pty Ltd v Seiko Epson Corporation the Full Court has addressed the extent of ownership rights held by the purchaser of goods protected by patents and whether any Right of Repair which may exist extends…

A USD$12M Lesson in trademark registration – Wawona-ship of Majestic Yosemite TradeMarks returned to National Park We all learn through bitter experience. Sometimes we have the opportunity to learn through the bitter and expensive experience of others. Delaware North Inc has taught both Aramark and the United States Government the very expensive lesson that a…

We recognise that the value of a brand to a business is important. Global brands like McDonald’s, Red Bull and celebrities like Kim Kardashian, Cardi B and Paris Hilton invest significantly in their brands. However, not everyone is a trade mark lawyer and not everyone has the same budget of McDonald’s and Red Bull to…

IP Australia has recently launched a new tool to search Design registrations. The tool is based around the image recognition software already used by IP Australia in respect of image searching under the Trade Mark Search tool. It replaces the very outdated ADDS tool which was difficult to use and particularly difficult to use successfully….

What do Kim Kardashian, rapper Cardi B and Paris Hilton have in common? – all have come unstuck over moves to try and trade mark common words. Brisbane intellectual property and trade marks lawyer Nicole Murdoch says there’s a trend now of celebrities trying to trade mark their catch phrases or use a common term…

Australian entrepreneurs trying to trade mark a popular word as their business brand should take heed of the legal stumble by American celebrity Kim Kardashian. The social media, TV and fashion range queen tried to trade mark the word Kimono to brand her new range of shapewear but after an enormous lash back from the…