MarkBender.info: March 2010

Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174

Mars (the makers of Maltesers) unsuccessfully bought an action against Sweet Rewards alleging trade mark infringement, passing off and misleading and deceptive conduct in relation to Sweet Rewards "Malt Balls" product, that are sold in red and orange jars with a get-up that Mars claimed to be similar to their "Maltesers" chocolates.

The appeal court upheld the original decision.

A good summary of the decisions can be seen on the Norton Rose website:

http://www.nortonrose.com/knowledge/publications/2010/pub26179.aspx?lang=en-gb&page=all

Trial over alleged fake paintings

http://www.theaustralian.com.au/news/arts/top-artists-sue-peter-gant-gallery-over-fakes/story-e6frg8n6-1225844480460

This case, currently being heard in the Supreme Court of Victoria, is an good example for students as to the overlap between law, and the reasons a plaintiff may have for bringing an action under a particular area of law.

This is a reminder for students to vigilant and thorough in reviewing and responding to exam questions.

Moral Rights under the Copyright could apply to these facts in addition to the Misleading and Deceptive Conduct provisions of the Fair Trading Act that are being argued.

There is a brief (but more thorough than the popular press will provide) overview of the case on the Davies Collison Cave website here:

http://www.davies.com.au/publications_iplaw.aspx

Good resource for using RSS in education

http://www.teachinghacks.com/wp-content/uploads/2006/01/RSS%20Ideas%20for%20Educators111.pdf

Monday, March 22, 2010

Some resources on 'Green' marketing

ACCC presentation to an industry group.

An ACCC publication for business

VECCI guidelines for businesses in realtion to green marketing

Friday, March 19, 2010

New Feature in Google Wave

a new option has appeared in the left menu, "Extensions", and it adds a variety of tools like Mind Maps, Likey (+1), Y/N/Maybe (quick poll), Napkin (drawing), Pollo (surveys), highlights and video chat. If you don't reply in the Wave, but instead just edit it like a document/wiki, you actually have a "live" doc. Unlike Google Docs, you can see the other people making changes to the doc in real-time, ie. character by character - along with a tag showing who is doing what

thanks to Nathan Bailey for this tip

Wednesday, March 17, 2010

Ads on Google Map

News reports today, including this one

http://www.theaustralian.com.au/business/media/online-maps-are-latest-battleground-for-ad-dollars/story-e6frg996-1225841829775

about 'new' ads in Google maps

This seems to new for users in Australia, but Google have been monetizing their maps offering in other markets for some time.

http://techcrunch.com/2008/10/09/google-turns-on-text-ads-in-google-maps/

Team based learning

I had the privilege of spending some time with Dr Larry Michaelsen from University of Central Missouri on the weekend.

He took me through some of his work on team based learning.

Some very powerful material and compelling research.

http://speech.ipfw.edu/PeerReview/teamlearning.html

The Simpsons IS a documentary

Real life Edna Krabappel?

Tuesday, March 16, 2010

Life imitating Art in a Competition Law Setting

Against the backdrop of an ACCC report last week dealing with, among other issues, airport parking monopolies, this story in The Age today is reminiscent of that great Australian legal film, The Castle.

What a great story and a great way to spend retirement.

Artificially uncompetitive environments (taxis and parking) mean than for some domestic flights from Melbourne (and other Australian airports), the costs of getting to and from the airport (parking/taxis) exceed the air travel costs.

This seems a poignant example of why competition is required.

A number of sources reporting Google likely to exit China

http://www.informationweek.com/news/software/open_source/showArticle.jhtml?articleID=223800260

http://www.nytimes.com/2010/03/15/world/asia/15google.html

http://www.ft.com/cms/s/2/dd69e680-2e06-11df-b85c-00144feabdc0.html

UK advertising association recommends the extension of the non-broadcast Advertising Code

Suggesting that the Code should also be used to regulate companies' marketing communications on their own websites, and other non-paid for space online, such as brand activity on social networking

http://www.adassoc.org.uk/tasks/sites/aa/assets/File/Digital_Remit_Recommendations_FINAL_08032010.pdf

Australia not quite an enemy of the internet

But we are under surveillance http://www.rsf.org/ennemis.html

http://news.cnet.com/8301-13578_3-10468332-38.html

Monday, March 15, 2010

More coverage of Apple i trade marks

http://www.theage.com.au/digital-life/mp3s/apples-future-wont-be-brought-to-you-by-the-letter-i-20100312-q27r.html

This article suggests Apple previously had a 'monopoly' over 'i' - not sure that was exactly the case, but obviously this decision will not make it easier for Apple to enforce the rights they do have.

TRADE MARKS ACT 1995 - SECT 129

Despite the provisions in s129 of our Trade Marks Act dealing with groundless threats of legal proceedings, it will often be far from clear whether such are threats are groundless and the costs in 'David and Goliath' scenarios for the alleged infringer to either defend an infringement action or seek a declaration under s129 will often, in practical terms have the effect desired by the 'Goliath'.

Friday, March 12, 2010

another Apple 'i' trade mark case

http://www.theage.com.au/digital-life/mp3s/apples-future-wont-be-brought-to-you-by-the-letter-i-20100312-q27r.html

Wednesday, March 10, 2010

New tool for advertisers on the Google Content Network

Not sure if brand advertisers, who typically use display ads to raise awareness and purchase consideration for a product or service, rather than seeking immediate clicks, may be more likely to use others trade marks as keywords?

http://adwords.blogspot.com/2010/03/new-tool-for-brand-advertisers-on.html

Thursday, March 4, 2010

Apple alleges iPhone patent infringement by other phone manufacturers

http://techcrunch.com/2010/03/02/the-complaint-apples-patent-lawsuit-against-htc-is-all-about-android/

Monday, March 1, 2010

Some interesting perspectives in this article on starting at Uni

http://www.theage.com.au/national/education/university-and-the-shock-of-the-new-20100226-p8ma.html

It is my view that many (most?) senior decision makers at the universities need to continue the mantra that research is pre-eminent, due to the nature of government funding.

Regrettably this can lead to staff being used in teaching roles based on their research efforts, obviously being a good researcher does not necessarily make one an engaging and effective teacher. Often the inverse may be true, the characteristics that make one a good researcher, may make them less likely to be a great teacher.