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Trademark & IP Law Blog
The intellectual property blog from Melbourne-based law firm Magnum IP, featuring comments, tips and information on areas such as branding and trade mark law, copyright, confidentiality, spam and privacy (among others).
http://www.magnumip.com.au/ip-blog/
[ Date added: 2010-02-18 ]
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Magnum IP Legal Services
Intellectual Property and Branding
Trademark Oppositions
A "trademark opposition" is a process for determining objections to the registration of a trademark application. This article provides an introduction to the trademark opposition process in the form of answers to FAQs.
“Humpty Dumpty? Copyright Assignments
A copyright assignment involves the transfer of part or all of the copyright in a particular work from one owner to another. For a copyright assignment to be effective, it must be in writing and signed by, or on behalf of, the "assignor". The failure to follow this simple requirement can lead to problems.
Series Trademark Applications
In certain circumstances, it's possible to apply to register two or more variations of your trademark in a single application. This is known as a "series application". This post explains the basics behind series applications, and why you might want to make one.
US Trademarks: Intent to Use
The US trademark system has particular requirements regarding the intention to use trademarks which should be borne in mind by Australian trade mark owners who are hoping to extend their protection to that country. This post looks at a few of the issues that typically arise for Australian trade mark owners (those using the Madrid Protocol in particular).
IP Insurance
An essential ingredient of any mature intellectual property strategy is to ensure that you are able to enforce and defend your rights in court should the need ever arise. There is no point ensuring that you have secured your intellectual property rights if you don't have the means to take an infringer to court, or defend allegations being made against you. In this post, we look at how IP insurance works, and whether it is suitable for you.
Apply early and lock in your trademark priority date
The date on which you file your trademark application can have a significant impact on your rights in relation to other trademark users. As a general rule, the earlier that you file your trade mark application the better.
Procedure for Domain Name Disputes under the auDRP
Domain name disputes in Australia are decided under the .au Dispute Resolution Policy (or the auDRP). This post explains the main steps that are involved in deciding a dispute under this policy, from the commencement of the dispute to the implementation of the decision.
The Concept of ?Bad Faith? in Domain Name Disputes
Registrants of ".au" domain names who are unhappy about the use of similar domain names by other traders must be able to show that the other domain names were registered in "bad faith" if they are to use the Dispute Resolution Policy for .au Doman Names (the auDRP). What exactly is bad faith?
Courts vs Arbitration for Domain Name Disputes
Domain name owners who are upset by the registration of another domain name will often have a number of options to resolve a matter. These will include utilising the official .au Dispute Resolution Policy (auDRP) or various actions in court. Which option to choose will depend upon the particular circumstances.
Domain Name Dispute Resolution FAQs
The auDRP or the Australian Domain Dispute Resolution Policy offers a relatively inexpensive way to resolve disputes between domain name owners in the ".au" domain space. Here are some answers to frequently asked questions about that policy.
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