Business lawyers specialising in technology and intellectual property law, management and commercialisation

Dilanchian Lawyers & Consultants

Dilanchian Lawyers & Consultants

Trade mark registration - use it or lose it

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wine_samanthaRegistration of a trade mark can be cancelled if the trade mark is not used. Use must be within three years of registration under section 92 of the Trade Marks Act (Cth) 1955. But what level of use is required? Many court decisions have turned on this question.

We'll examine here the recent  High Court of Australia decision, E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15 (19 May 2010).

Gallo Winery is a Californian company. It is one of the largest wine producing companies in the world. Gallo became the owner of Australian trade mark number 787765 for BAREFOOT in 2005. The mark was for "wines" in class 33 and was originally registered from 9 March 1999 by Michael Houlihan, trading as Barefoot Cellars.

In 2007 Gallo took legal action alleging infringement by Lion Nathan Australia Pty Ltd for use of BAREFOOT or BAREFOOT RADLER for beer.

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Six permanent residency rules for couples or partners

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hense_ozIn the year ending June 2007, Australia granted permanent residency to 161,000 migration applicants. About 25% of them came in as partners of Australians. These include de-facto, gay and lesbian partners.

1.  At what time can a partner visa be lodged?

A partner can be either overseas or in Australia at the time of lodging a migration application with the Immigration Department.

The time an Australian partner visa application can be lodged varies. It depends on the nature of the partner relationship.

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Lessons from litigation in copyright versus access

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Aleksei_eremenko_ukrainian_wikicommonsHaving lost in the first round, on 11 August 2010 Viacom filed papers to appeal its $US1 billion claim against YouTube arguing infringement of its copyrights by YouTube and its owner, Google.

This is a short case note on that first instance decision (a loss by Viacom). We'll also put into its context the ongoing iiNet case in Australia, as well as background "content sharing" cases such as the Napster and Grokster decisions in the last decade.

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Encyclopaedia content licensing and contracts

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content_licensing_book_2009Microsoft's announcement in March 2009 that it will discontinue Encarta provides valuable business strategy and management lessons. Encarta is an encyclopaedia offered from 1993 on a CD-ROM disc and subsequently on the web. All will end in 2009.

While money was not the motivator, the crowd that clouds at Wikipedia and elsewhere on the internet has helped starve the business out of Microsoft's Encarta. That crowd are computer users and they cloud in the sense that they are part of cloud computing sending content by them or others to external hosted servers.

This article is a case study on 250 years of business and legal history relevant to three encyclopaedias - Encarta, Encylopaedia Britannica and Wikipedia. It is structured by three historical periods, or Acts, as we've called them here. Our focus is on content licensing for these three publications. Their content includes images, text, video and other data. Like them, others with an interest in methods for making money from content include business consultants, authors, creators, and various intermediaries.

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Non-residents - no capital gains tax on sale of shares

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cth_coat_of_arms.gifThe Federal Treasurer's press release of May 2005 echoed the Government's strategic thinking to make Australia a hub for investment in the Asia Pacific. It was announced that the proposed removal of capital gains tax on sale of shares in Australian companies held by non-residents was to:

"further enhance Australia's status as an attractive place for business and investment by addressing the deterrent effect for foreign investors of Australia's current broad foreign resident capital gains tax base."

The proposal has now become law in the Tax Law Amendment (2006 Measures No.4) Act 2006.

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