Archive for February, 2012

5 Reasons Why You Should Register Your Trade Mark

Wednesday, February 22nd, 2012

The process of applying for registration of your trade mark, and obtaining registration of your trade mark has many advantages over non-registered trademarks, including:

  1. registration of your trade mark can be obtained by you even if you haven’t used the trade mark – an intention to use is enough to obtain registration;
  2. it is not necessary to prove the existence of a reputation in the registered trade mark in order to stop others from using it;
  3. the TradeMark Register provides a simple mechanism by which other traders (or consumers) can see whether a monopoly is claimed by you over the use of your mark for particular goods or services;
  4. the application process provides a simple mechanism by which you can determine whether your proposed use of your mark will likely infringe another’s registered trade mark;
  5. you can give a notice to the Australian Customs Service, objecting to the importation of goods which infringe your registered trade mark.

Cooper Mills Trade Mark Lawyers can offer you advice and assistance in all trade mark related matters including registrations and oppositions.

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auDA Announces 2012 Industry Advisory Panel

Tuesday, February 21st, 2012

auDA has today announced the membership of the 2012 Industry Advisory Panel.

The Panel has been set up to review the structure, regulation and competition in the Australian domain name industry.

Cooper Mills Director, Erhan Karabardak has been appointed to the Panel, which will commence its review in March. The Panel also includes representatives of the ACCC and the ACMA.

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Telstra Wholesale ADSL ‘declared’

Tuesday, February 21st, 2012

The ACCC today (14 February 2012) announced that Telstra Wholesale ADSL services are now declared under an interim access determination.

The determination made under the Consumer and Competition Act 2010 has fixed the price Telstra can charge its wholesale ADSL customers, the effect of this is that wholesale customers are now benefiting from lower pricing.

The price reductions will see competitors such as iiNet better able to compete with Telstra’s retail product offering.

This will only serve to bring more scrutiny on NBN pricing and the benefits of cost effective ADSL services in the market place.

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Creditcards.net.au sets sales record

Tuesday, February 21st, 2012

Following a heated public auction on Netfleet, creditcards.net.au sold for a new record of $22,002 (plus GST) today, 3 February 2012.

In what is the highest reported .net.au domain name sale, creditcards.net.au was sold in an expired domain auction. The domain name was acquired by an Australian domain investor.

This sale is positive for both domain investors and small business owners who hold generic domain names.

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Websites black out to protest SOPA

Tuesday, February 21st, 2012

In response to harsh new anti-priacy laws proposed in the USA, many websites have gone off line (18 January 2012) or are displaying black out pages in protest at SOPA.

SOPA is the Stop Internet Piracy Act, which has been championed by Hollywood producers, who claim it is the only way to stop piracy, much to the anger of the internet community. Even some IP Lawyers are opposed to the proposed regime, claiming that it is a step to far.

The proposed introduction of SOPA is seen as a serious threat to free speech on the internet, with US lawmakers proposing to give law enforcement powers to shut down websites almost anywhere in the world, through a variety of mechanisms such as web filtering.

Major websites such as WordPress.org and Wikipedia.org are blacking out in protest.

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.au domain space to hit $500,000,000

Tuesday, February 21st, 2012

Ausregistry and auDA have released a report from Deloitte Access Economics, which identifies the economic contribution of the .au domain industry at $475 million, just short of half a billion dollars.

The report is the first of its kind dedicated to assessing the economic impact of the .au domain space. The report examined a number of different issues including the employment created by the .au name space. The report states that total full time equivalent positions of 4,330 exist.

The report also provides useful registrant data, for example 53% of all .au domain names are registered by companies and 14% by sole traders, while 80% of all .au domain names were registered by registrants located in major Australian cities, predominantly on the eastern seaboard.

A copy of the report is available here.

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Personal Property Securities Register

Tuesday, February 21st, 2012

The Australian Securities and Investments Commission (ASIC) has announced that the Personal Property Securities (PPS) Register will commence on 30 January 2012.

The PPS has been touted as one of the greatest legal reforms in recent times – the PPS has reformed the way in which personal property securities are registered. The PPS will incorporate all corporate charges currently registered with ASIC.

The PPS was to have commenced operations last year but was delayed.

For the first time the PPS will allow security interests to be registered over intellectual property.

We will write more about the PPS in the coming weeks.

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iiNet acquires Internode

Tuesday, February 21st, 2012

National ISP iiNet has today (22 December 2011) announced the acquisition of competitor Internode in a $105 million deal.

The acquisition will see iiNet add a further 190,000 broadband DSL subscribers and 260,000 active services. Internode has forecast FY12 earnings of $180 million.

Internode founder and MD Simon Hackett will remain as part of the executive team at Internode.

The acquisition by iiNet will solidify its position as the second largest Australian ISP in the residential broadband DSL market.

The acquisition is due to be completed on 29 February 2012.

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auDA releases governance review of .au

Tuesday, February 21st, 2012

.au Domain Administration Ltd (auDA) the regulator of the .au domain name space today (15 December 2011) released a review of governance undertaken by Westlake Consulting Ltd and Argo Pacific.

The report is a 107 page report which was prepared after consultation with a broad variety of stakeholders in the .au space including government, and Cooper Mills Lawyers. The report made 15 recommendations to the board including limits on the tenure of Directors and the publication of an Accountability and Transparency Framework.

The issue of Accountability and Transparency has featured prominently in the report, most likely as a result of the perception that auDA was secretive.

Of particular note in the report is a call for improvement in the relationship between government and auDA – earlier this week we reported that the Prime Minister had taken responsibility for Cyber Security from the Attorney General’s Department.

We hope to publish a more comprehensive analysis of the report shortly.

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Cyber Security Moves to PM’s Office

Tuesday, February 21st, 2012

13 December 2011 saw the Prime Minister reshuffle her cabinet, but in amongst the reshuffle was a one line comment which carried great significance, that is, Cyber Security Policy is now the responsibility of the Prime Minister and no longer that of the Attorney General’s Department.

In her speech the Prime Minister said: ‘Responsibility for cyber security policy will move from the Attorney-General’s portfolio to my portfolio.‘.

This marks an escalation in the importance of cyber security, especially in light of the compromise of the parliamentary email system in March this year.

While responsibility for the area has moved, it is not clear what impact this will have on Cyber Security Policy and whether a shift in focus is planned.

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