Intellectual Property Law

Food mixer did not violate rivals trade mark by using similar shape OUT-LAW.com
“A claim that one food mixer violated the trade mark rights of another by being similar in shape has failed. The Court of Appeal said that any similarity in shape between the machines had not given Kenwood an unfair advantage over Whirlpool...

"Lego Fails In Brick Trademark Bid"
Out-law.com: "Lego Fails In Brick Trademark Bid": Lego has failed in its bid to register the shape of its play bricks as trade marks. A European court said that the brick shape was functional and that it had to be that shape to operate as it did, so could not be registered as a trade mark...

Protecting shape marks - the court mixes in
It?s been a few days since Geoffrey Hobbs QC, sitting as a Deputy High Court Judge, handed down his decision in Whirlpool v Kenwood. Weighing it at 48 A4 pages (but oddly, only eighty-odd paragraphs), the case could easily be subtitled ?foodmixers at dawn?...

Sony Abuzz about Trade-mark Suit
Sony Computer Entertainment Europe is facing claims of trade-mark infringement from Buzztime Entertainment, a California-based maker of interactive electronic trivia games that are often found in bars and restaurants...

50 kids sickened by Salmonella in pudding at NH camp; it was the pudding mixer
Health officials say a mixer used to make pudding was the source of salmonella that sickened over 50 children at the Stone Environmental Camp in Madison, N.H., this month. The food for the campers is prepared by Purity Springs, where the camp is located...

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) - WLR Daily
O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193 “A registered trade mark proprietor (?proprietor?) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out [...

Trade mark infringement: who can provide consent
Robert Cutler and Timothy Webb of Clayton Utz review the Brother Industries Ltd v Dynamic Supply Pty Ltd decision considering establishing consent as a defence to trade mark infringement...

Trade-marks not allowed to be merely descriptive
For the London Free Press - March 23, 2009 Read this on Canoe People often think of adopting trade-marks that describe their product or service. But that results in a weak trade-mark and is not allowed under the Trade-marks Act...

Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.

Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products

Pet Food Recall
Diamond Pet Food sets up $3.1 million class action fund for substandard dog food.

Food/Supplements
involving food poisoning, food product recalls, false advertising or labeling, vitamin, weight loss and diet supplement issues.

PETCO
Animal Food Distribution Unsanitary, Food Seized

Menu Food
$240,000 settlement reached in Hawaii class action contaminated pet food suit.

Mark Eagleson
$63,725 restitution settles fraud lawsuit.

Ford F-150 Recall
alleging a hose in the F-150 and Lincoln Mark LT pickup trucks could affect braking power.