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This month, our IP updates include various topics:
1. ENS - News - Trade marks in Australia: Honest concurrent use | Jade Courtney
A recent Australian trade mark judgment has raised the question of what exactly is the meaning of 'honest concurrent use.'
2. Your ChatGPT prompts could become evidence one day | Dr Bernard Dippenaar
Many of us have become comfortable asking ChatGPT questions, brainstorming ideas or even drafting documents. But here is an important Intellectual Property lesson: what you type into an AI tool may one day become relevant evidence.
3. When AI learns from music, who gets paid?| Dr Bernard Dippenaar
The music industry has spent the last few years arguing that AI companies should not be allowed to train their models on copyrighted music without permission. Now a new dispute asks a different question: what happens after permission is granted?
4. Toyota Cressida – a rad but almost forgotten Toyota Icon | Ilse du Plessis
From the Toyota Cressida to the Ford Bronco, revived car brands prove nostalgia has power. This article explores how trade mark protection keeps iconic names alive, preserving the option for a comeback decades after they leave the road.
5. Which UB40 did I just watch? A case study in IP law from the front row | Janine Thomas
Which UB40 is the real UB40? Inspired by a live concert, this article unpacks the famous band-name dispute, exploring passing off, goodwill, trade marks and IP ownership. A reggae-fuelled lesson in protecting valuable brands and rights for creators.
6. Unf*ck the planet: Do not panic mate, we swear like troopers here! | Rowan Forster
Australia’s IP office has allowed an unusual trade mark registration to proceed, ruling that the slogan is distinctive and not scandalous. The decision reflects evolving community standards and highlights context in assessing profanity globally.
7. A decade in the making: Constitutional Court rules on the Copyright Amendment Bill | Janine Thomas
Nearly a decade after copyright reform began, the Constitutional Court has largely upheld the Copyright Amendment Bill, endorsing fair use while striking down parts of the education exception. Reform can proceed, but uncertainty remains ahead.
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