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OFF-BRAND - How a high-fashion brand and a local ice cream shop have come to blows over intellectual property

OFF-BRAND  How a high-fashion brand and an ice cream shop have come to blows over intellectual property In the various industries that are out there, not too many are as different as fashion and ice cream. One is involved in providing happiness, comfort and everything nice in this world and that other provides a sharp reminder that maybe that extra scoop of ice cream was too much. But suffice to say, a rift between the two industries is not something that you would expect to find.  But as hype culture and the obsessive fandom on the internet have grown, the industries have been growing closer and closer together. But sadly, not in the way you think, we are still a few years off wearable ice cream. Instead, there is now a good chance that your local ice creamery sells merchandise. Less impressive, for sure. But this has become a staple for restaurants with even just a modicum of goodwill attached to their name and why not? If customers are willing to pay an extra $50 so that people will
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Green Eggs and Hamm

  Green Eggs and Hamm How a crotch shot of John Hamm and Dr Seuss have sparked the most intense debate on fair use dealing in copyright in the last ten years.  In 2013, John Hamm was in full swing, sipping cocktails and filming the wildly successful  Mad Men  however in years to come he may be remembered for something much more different. One uneventful day, John Hamm was photographed going commando and, thus changed how we see intellectual property rights on the internet forever.  Like all paparazzi photos, it was promptly uploaded to the internet and licenced for use. Unbeknownst to the photographer, the image was then used in an article by the Huffington Post, titled "25 Things You Wish You Hadn't Learned In 2013 And Must Forget In 2014." The writer of the piece turned the photo into a humourous GIF with the intention of mocking people who would want to see the picture and satirising the idea that it was news at all.  The photographer later registered the photo's

What to do if a hate group infringes your copyright?

What to do if a hate group infringes your copyright? In this day and age of heightened political discourses and the government ordered social distancing protocols, the need for community has become a necessity for people who would otherwise be isolated. With community, individuals’ voices become one and their calls for change become louder. While this can be an excellent tool for enacting change and promoting a message, what happens when the message being broadcast isn’t something you agree with? To make matters worse, what happens when a mob is chanting your copyrighted works to support their message? This occurred recently in Melbourne when protestors of the Victorian lockdowns crowded in a shopping mall and chanted ‘You’re the Voice’ by John Farnham. Management for Mr Farnham issued a response noting that both Mr Farnham and his management do not condone the use of the song for this purpose. It happens a lot more in the United States where ‘soupe du jour’ of a hate group or current

False Promises and Virtue Signalling - How to Get Away with Slacktivism in a Corporate World

False Promises and Virtue Signalling - How to Get Away with Slacktivism in a Corporate World  On the dark streets of Gotham one light shines through the darkness, one symbol for apathetic support of issues in search of personal gain, criminals cower… (well at least initially) at the sight of the 'Virtue Signal'. Virtue signalling has become an ever-increasing issue as we become more and more connected via online platforms. Because of this increased connection, there is a more significant amount of pressure on people to have something to say resulting in a churn of meaningless and self-serving support of issues which never amount to more than a Facebook post. This has been copied in the business world as well as companies realised quite quickly that there is a financial benefit to having your brand being associated with supporting an issue. Mind you, not actually doing something about the issue but merely being associated with doing something and there is a clearcut difference b

What are Trademark Classes

  What are Trademark Classes When you are registering a trademark, it is essential to think about what the kind of classes of object/services you want your trademark to apply to. The World Intellectual Property Organization (WIPO) has designated 45 classes in which you can register a trademark. Classes 1-34 are for goods that you may produce (like food or technology) and classes 35-45 are for services (like legal or medical services). This is known as the Nice International Classification of Goods and Services and has been the method of classifying what areas a trademark is registered in over 85 countries, including Australia.  How to pick a class? When you a completing a trademark application, you must determine precisely what bounds you wish you apply to your trademark. An application for a trademark is likely to be rejected if you set the bounds to be too big and ineffective if you set the bounds to be too small. There is a sweet spot which you must find. But it is essential to kee