Trademark Applications

An update.

I sincerely hope that Eddie defeats these grubs.

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More cases of Aussies battling multi-national grubs.

https://9now.nine.com.au/a-current-affair/aussie-grandmother-vegaline-trademark-battle-against-unilever-vaseline/b8cafa57-b633-49bb-8e9d-586a1f3ebad6

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Kraft gets the final smack down.

Well done Bega.

Aussie. Aussie Aussie.

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Stupidity reaches a new height.

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I’m with Russia on this one. I always found what France has been doing to be bureaucratic and annoying, while lacking in justification and substance. If France’s chickens come home to roost then c’est la vie.

“Influencer” to receive a wake-up call.

https://9now.nine.com.au/a-current-affair/aussie-online-influencer-financial-planner-canna-campbells-federal-court-copyright-showdown/beb1272d-1b5b-4040-8cb7-da83583507ce

“In legal letters, lawyers for Ms Campbell have rejected Ms Korolak’s claim.”

“However since the court proceedings began, Ms Campbell has renamed her podcast.”

What a surprise reply from a defence lawyer.

I hope the trademark owner takes the influencer to the cleaners.

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Maybe all it takes for some people is to realise that the cost of defending the indefensible can be large. Lawyers can be quite happy to take fees for legal services, but in the end no lawyer would want to lose in court and be seen to be wasting court time on defending an obvious violation of a use of trademark.

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At least it’s a more even contest. It could easily be a large multinational infringing a trademark and logically the position would be the same but the outcome might not be 


I think

Ms Campbell has renamed her podcast

should be the end of it. Continuing the action after effectively achieving the goal of defending your trademark looks like greed and maybe bloodymindedness.

A win for the little guy.

PETITION UPDATE

Victory! A win for the small guy!

Jesse Mcfadyen

Ringwood, Australia

AUG 11, 2021 — Coles have backed down and in fact have come to the party and paid all of Evans legal fees, Evan now has a clear run with Beer Drop, I, along with Evan if I may speak on his behalf, thank every single person for taking the time and helping with this awesome result.

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Another disgusting case of a multi-national bully boy trying to ride roughshod over the little guy.

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The battle is not over yet.

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There is no restriction in Australia for anyone selling sheepskin boots and calling them ‘ugg’.
The best thing is to label them ‘Australian made sheepskin boots’.

Yes they may be patented but goods coming out of China are often in breach of copyright. Chinese companies have absolutely ZERO respect for any intellectual property rights.

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Ain’t that the truth.

I think you might mean patents in the context here. Regardless when any company violates a patent or copyright the patent/copyright holder usually lodges a cease and desist and then seeks damages if it continues for copyrights, and often immediately for patents.

Unless one is registered in a country, businesses can do whatever they wish inside that country, and in any country the patent/copyright is not registered. It is complex law. More than just China has overstepped and Australia has had a few of its own partaking.

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Aboriginal flag copyright transferred to Commonwealth, as artist agrees to make flag freely available to all

Copyright issues with the flag had repeatedly drawn conflict, such as when Mr Thomas handed the rights to use the flag on clothing to a non-Indigenous company, which later threatened legal action against the NRL and AFL for using the flag on player uniforms.

The arrangements are quite complex but seem to satisfy all parties so it is a good result - even if it took years.

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The government doesn’t appear to have fixed the underlying problem, however, by amending the Flags Act. So the same problem could occur again in the future.

It isn’t entirely clear what this result has cost the taxpayer. It seems maybe very much at the low end of what it could have cost us.

I guess the copyright owner has reached the point in his life where his legacy is more important than his bank balance. :wink:

Really? What other group that is not part of government might need this in future?

The point is that the government has the arbitrary power to nominate flags as official flags but without a restriction or obligation to ensure that the flag is not encumbered by copyright. So if the government were to nominate another official flag in the future then the same problem could occur again.

It is a unique situation, where a flag which was subject to copyright was adopted by an group/organisation as a flag to represent them. The Australian government then endorsed the flag which had been adopted as a rubber stamping process.

Possibly any organisation or group which choses to adopt a flag needs to be certain that it isn’t encumbered in any way, which may affect its use by the same organisation/group.