A design registration provides an exclusive right to exploit the design for a

A design registration provides an exclusive right to

This preview shows page 57 - 64 out of 72 pages.

A design registration provides an exclusive right to exploit the design for a maximum of 10 years
Image of page 57

Subscribe to view the full document.

Dyson lose a design case ! The case concerned Dyson’s national UK registered design No. 2,043,779 for their DC02 cylinder vacuum cleaner with its distinctive and innovative sloping transparent dust container ! Overall, the appeal judges characterized the registered design as producing a visual impression that is “smooth, curving and elegant” whilst that of the Mach Zen is “rugged, angular and industrial” with the end result that the informed user would consider that t he Mach Zen produces a different overall visual impression and thus is not an infringement . Dyson Vax Max Zen
Image of page 58
May 2018 Tesla in hot water too.. ! Nikola Motors, a Utah-based company working on a battery-hydrogen semi truck and other electric vehicles, filed a lawsuit against Tesla claiming that they copied the design of their truck for the Tesla Semi. ! The company is seeking as much as $2 billion from Tesla in what appears to be a clear case of patent trolling . ! In the complaint, Nikola alleges that Tesla’s electric truck design infringes on a series of 3 specific design patents that they recently obtained for the design of a few features of their Nikola One truck unveiled in 2016 – a year before Tesla unveiled its own electric truck.
Image of page 59

Subscribe to view the full document.

Pub Brawl Brunswick v Byron Bay! ! On 9 March 2018, Byron Bay brewery Stone & Wood lost an appeal in the Australian Full Federal Court of Appeal to Brunswick based brewer Thunder Road with respect to their respective uses of the word PACIFIC for their rival beers. ! Stone & Wood sells craft beer, including its best-selling beer “Pacific Ale”. Thunder Road launched its “Thunder Road Pacific Ale” in 2015, which it renamed “Thunder Road Pacific” later that year following letters of demand from Stone & Wood
Image of page 60
Plant Breeder’s Rights ! Plant Breeder's Rights are exclusive commercial rights to a registered plant variety ! To be eligible for protection, a plant variety must adhere to three broad (DUS) criteria of: ! Distinctiveness ! Uniformity ! Stability Cripps Pink (Pink Lady ™ fresh apple product) Golden Delicious × Lady Williams, John Cripps, 1973, at Stoneville Research Station, Western Australia. Cripps Pink apples of an appropriate quality may be sold using the trademarked brand name Pink Lady™.
Image of page 61

Subscribe to view the full document.

School of Economics, Finance and Marketing Copyright – February 2010 ! Copyright protects a range of original materials, such as literary, artistic and musical works ! Copyright infringement requires that actual copying took place . ! no protection against subsequent independent development of the same or substantially similar works ! In February 2010 issue with an iconic Australian musical anthem/song?
Image of page 62
Men at Work v Larrikin Music ! Flute riff of the 1983 smash hit “Down Under” allegedly based on the 1934 children's rhyme " Kookaburra ." ! Original artist, Toorak teacher Marion Sinclair died in 1988, and the publishing rights are now held by Larrikin Music.
Image of page 63

Subscribe to view the full document.

Image of page 64
  • Three '17
  • SCHOOL OF ECONOMICS

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes