Brands and trade marks are valuable marketing tools for any business. Properly protected, trade marks are not only a business asset of value but when “registered” become a very effective tool against copy cat competitors.

Not the first time Apple Inc has been featured in this blog, and by the looks of things, certainly not the last.

Hearings have begun for what is likely to be a protracted legal battle between the “Big Movie Studios” and not-so-small-fish in the local ISP pond, iiNet. A massive 34 plaintiff parties are accusing Australia’s third largest internet service provider of authorising copyright infringement.

Apple Inc has taken on Australian retail giant Woolworths in a battle of the heavy weights. As you will have no doubt seen, Woolworths introduced their new apple shaped “W” logo to coincide with their gradual phasing out of the Safeway brand.

In a follow-up to our earlier blog about Mary-Ann Martinek’s trade mark application for SAM THE KOALA and image (see here) - we can now report that the Victorian State Government has filed an opposition to those applications with IP Australia, the government body governing trade mark applications.

The Government now has 3 months in which to file evidence in support of its opposition. Once filed, Ms Martinek will have 3 months to file her own evidence. However these deadlines can be extended so we will keep you posted on any developments as they arise.

- Jack Dolphin

Read about Actuate IP’s trade mark dispute services.

The University of Western Australia (’UWA’) v Gray [2009] FCAFC 116 case illustrates the practical significance of having an employee’s contract clearly define the scope of an employee’s duties in order to address the issue of intellectual property ownership (see here). The same case also sheds some light on the issue of inventive concept which is worthy of consideration.

The University of Western Australia’s challenge for ownership rights to Dr Bruce Gray’s microsphere inventions used in the treatment of cancer may have come to an end with the Full Court of the Federal Court dismissing the University’s appeal earlier this month.

As the old saying goes - “any publicity is good publicity”. Well in the case of American pop starlet Katy Perry this may not be true. Her lawyers opposed a trade mark application by Australian fashion designer Katie Perry for her name KATIE PERRY in relation to clothing.

Many of you may have seen the now iconic image of Sam the Koala being fed water by CFA Volunteer David Tree after the Black Saturday bushfires. The iconic image can be purchased here from the Herald Sun website with all proceeds going to the CFA. Now someone has applied to register as a trade mark the words “SAM THE KOALA” for numerous goods including chocolates, colouring books, DVD’s, toys and soft toys and for tourism, sightseeing and educational services.

A quick note that may be of interest to Actuate’s clients: Austrade has recently changed the Export Market Development Grant scheme (”EMDG“) so that eligible businesses can be reimbursed for certain IP-related expenses (including trade mark and patent attorney fees) in relation to overseas protection.