IP & Technology Legal Blogs

Legal blog posts regarding IP, IT & e-commerce law, published by lawyers and law firms with specialism in intellectual property, cloud computing and e-commerce laws.

Seven simple things for US patent attorneys to know about Australia

by Wadeson IP October 12, 2015 IP & Technology

Australia is a good place to file a patent application. It has one of the world’s larger economies, which includes strong mining, agriculture, manufacturing and service industries, and a world class IP system. 12 month Paris Convention deadline 31 month PCT national phase deadline Absolute novelty Standard (20 year) patents available for non-obvious inventions. Innovation […]

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Global Brand Management: Risks and Strategies

by marcus evans October 8, 2015 Company Law

Interview with: Allan Diamond, Managing Partner, Diamond McCarthy LLP “Chief Litigation Officers (CLOs) should not limit themselves to traditional methods of protecting their companies’ brand and should think creatively in terms of implementing a global strategy that will result in keeping their authorized supply channel partners happy, minimizing lost sales/profits, and  potentially obtaining affirmative recoveries for […]

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Top Legal Department Technology Myths Busted!

by marcus evans October 7, 2015 IP & Technology

Interview with: Mark Hentschell, Regional Manager, Thomson Reuters Serengeti “Many legal department leaders have preconceptions about legal technology that are simply wrong. With a more clear-eyed understanding of the current intersection of technology and legal department management best practices legal department leaders can take the first step in making their departments more efficient and better positioned […]

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Securing IP Rights in M&A Transactions

by marcus evans October 1, 2015 Data Protection Law

Interview with: Marc Bergmann, Senior Vice President & General Counsel, M&A, Gemalto “Securing the intellectual property (IP) rights of technologies has become central to the success of acquisitions, especially in the high-tech world, as they carry so much value and risk for the future of the company acquired,” says Marc Bergmann, Senior Vice President & General […]

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Long running Kit Kat legal battle fails in EU courts

by Wayne Beynon September 24, 2015 IP & Technology

Confectionary multinational Nestle has this week failed to persuade European courts that it should grant the UK trademark request on the shape of its well-known chocolate bar, the Kit Kat. In a long-running case Nestle attempted to prove that the shape of the four-finger bar was what consumers used to identify it as a Kit […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Alibaba.com … and the 40 (or more) counterfeit and infringment thieves

by Wright Hassall October 16, 2014 Intellectual Property

The Alibaba Group (Alibaba) is the world’s largest e-commerce company, its revenues for 2013 were more than Amazon and Ebay combined. Alibaba owns a variety of websites which facilitate online sales: www.alibaba.com: manufacturer to retailer wholesale sales. www.tmall.com: retailer to consumer sales. www.taobao.com:  consumer to consumer sales. The presence of counterfeit and infringing products on […]

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Tech industry backs Facebook’s fight to protect user privacy

by Wayne Beynon September 1, 2014 IP & Technology

When Edward Snowden revealed the true extent of the USA’s digital surveillance programme last summer, the world’s underlying fears about how social media giants Facebook use private data was brought to the forefront of our consciousness. Following the news that Facebook had co-operated with the US Government in supplying users’ personal data, public scepticism of […]

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How Can Trade Mark Infringement Damage Your Business?

by Tim Bishop April 30, 2014 Trademarks

Trade marks can be incredibly important in business. They let your customers know who you are and what you sell, as well as enhancing your brand and building a solid reputation that others can recognise and rely on. But what happens when another company starts using a similar trade mark to your own? Just how […]

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Should Law Firms change to a New Fully Managed Print Service?

by Alex Hutchinson March 25, 2014 Business

A large % of the Law Firms we work with are called, on a daily basis, by salespeople trying to tell them why they should change their Printers to a New Fully Managed Print Service (whether they take the call or not is a different matter but they receive the calls non the less!) “We […]

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After the Candy Crush Saga Hit Headlines, Could Your Trademark Be at Risk?

by Donna February 20, 2014 IP & Technology

Trademarks have once again it the headlines in recent weeks after the makers of the Candy Crush Saga game took legal action to prevent any other game developers from using the word “candy”. The company behind Candy Crush, King.com have angered other game makers, some of whom have joined forces as part of a protest […]

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Top 8 Crime Scene Investigation Games for Android

by mariechan January 15, 2014 Criminal Law

Fancy yourself as a detective? Can you piece together clues and leads where others see only mystery? If so, check out this list of the top 8 Crime Scene Investigation games for Android. 1.    CSI Game Where better to start than a game based on the CSI TV shows? Based on seasons 1-5 (and with […]

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Will Google Glass Cause Traffic Accidents & Create Privacy Issues?

by Law Guru December 4, 2013 Constitutional Law

It’s almost weird enough to be science fiction, but we’ve learned by now that technology has made almost anything possible. Google’s new wearable computer, “Glass,” is a little kooky, a little awesome, and a lot controversial. The easy-to-use invention features an adjustable and bendable frame, nose pads for comfort, a customizable fit, a touchpad along […]

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The Expert Witness Who Convinced a Jury that Samsung Owed Apple $290 Million

by theexpertinstitute November 28, 2013 Copyright Law

Damages expert witness Julie Davis convinced an eight-member federal jury that Apple, Inc. deserved to be paid $290 million by the company that profited from infringing on the tech giant’s patents. According to Reuters, Apple argued that Samsung Electronics Co. profited from “ [copying] various iPhone features – like using fingers to pinch and zoom […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

by Adam J Krohn October 24, 2013 BigLaw

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA).  The changes to the regulations have become effective on October 16, 2013.  Two of the changes include: A requirement that written consent be obtained prior to a business placing a call; and The “established business relationship” […]

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Patent Fight in the Tech Sector and Their Possible Consequences

by Lilly October 2, 2013 Intellectual Property

Patent infringement law suits are a never ending battle between big tech firms like Apple and Samsung. It’s a battle that never sleeps, there’s almost always a suit either ongoing or about to start in these areas. The question is, what kind of effect will this have on customers? Apple vs. Samsung An example of […]

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Types of Intellectual Property

by Donna October 1, 2013 IP & Technology

Those people outside the “creative” industries may not be aware of what constitutes intellectual property, but the definition may actually apply to everyone, and learning about the different types of intellectual property could prove to be very important. There are four types of IP: A patent A patent is designed to protect new inventions, the way […]

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Does It Help to Have a Trademark Lawyer?

by Gerben Law Firm September 26, 2013 IP & Technology

What’s in a name? According to William Shakespeare’s Juliet, who famously proclaimed, “That which we call a rose by any other name would smell as sweet” — not much.  But try telling that to Nike® or Cadillac® or Lululemon® — companies who rely on consumers to seek out their products based on their brand names. When […]

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Express Consent Can be Revoked Under New TCPA Ruling

by Adam J Krohn September 18, 2013 BigLaw

(US Law) A new ruling out of the Third Circuit Court of Appeals has held that the Telephone Consumer Protection Act (TCPA) allows consumers to revoke their prior consent to being called through the use of an autodialer or prerecorded voice.  In the case Gager v. Dell Financial Services, LLC, the common understanding of the […]

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Before you share your idea with the world

by Wadeson September 17, 2013 Intellectual Property

Naturally, when you have an idea you want to share it with the world, whether that be to run it by potential customers or begin talks with potential suppliers. Unfortunately rights can be lost and others’ rights infringed when an idea is shared, so a little time and good advice before proceeding can save a […]

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Techno Publishing, E-Royalties & Rights

by James Scott September 2, 2013 Copyright Law

Royalties and the legalities of publishing is a subject which most people know little of – that is until they try to venture into a publication of their own. Publication of books and articles has long had the attributes of bringing in some capital as issues are sold. However technology has given book publication a […]

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Keeping Telemarketing Calls at Bay: Experienced FDCPA Attorney Explains

by Adam J Krohn August 12, 2013 Blawging

Most people have received annoying messages from telemarketers.  Sometimes they are automated messages.  Other times it is an actual person who just will not take “no” for an answer.  This is why the National Do Not Call Registry was created.  The Federal Trade Commission (FTC) created the registry 10 years ago as a response to […]

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Telephone Calls that are Manually Dialed May Still Violate the TCPA

by Adam J Krohn July 4, 2013 BigLaw

(US Law) The Telephone Consumer Protection Act (“TCPA”) already regulates the use of auto dialers, used to initiate faxes, prerecorded voice messages, and SMS text messages. However, a recent federal court ruling out of the Western District of Wisconsin has expanded the TCPA’s reach. In the case Nelson v. Santander Consumer USA, this court found […]

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5 Copyright Traps You Never Knew About

by Legal Author June 24, 2013 Copyright Law

credit: MrGluSniffer Copyright law can be a brutal and mercenary field. Intellectual property holders are constantly in a struggle to protect their content from unauthorized sharing or duplication by third parties, and an ever-expanding arsenal has developed to combat the eroding of IP rights. One of the lesser-known weapons in this arsenal is the “copyright […]

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