You have heard of trade marks, patents and copyright all at one point or another in the news and it seems most of the time it comes from the tech giant Apple. Apple really seem to stretch the limitation of trade mark, patent and copyright law when it comes to their business plan. And with this most recent approval they are following that trend; trademarking the design and layout of Apples flagship stores. Trade marks are recognizable signs, designs or expressions which identify goods or services of a particular source from others. You can trademark, words, logos, sounds and 3D images… which extends to architectual designs… The description of Apples store trade mark seems so generic that it’s unbelievable they have managed to register it. “…a primarily glass storefront, rectangular recessed lighting traversing the length of the store’s ceiling, Cantilevered shelving and recessed display spaces along the front side walls, rectangular tables arranged in a line in...

  It is a common trend of large companies appearing to bully small business owners over the use of trade marks. Marvel and DC have recently been applying this to their joint registered trade mark ‘superhero’. DC and Marvel are the biggest brands in comic books and superhero franchises. Normally they are rivals but in this case they appear to be working together to attack any users of the term “superhero”. Even in culture references not specific to comic books. The author of  Business Zero To Superhero, a book about setting up a small firm, Graham Jules has been contested by Marvel over his attempted registry of the title for an online website. Jules like many small time business owners is faced with an opposition from a company with infinitely more resources than him. He does not believe they have a claim to the word, saying “As far as I can see, the word superhero was first used in about 1917, before Marvel or DC even existed.’ And Jules is not the only one who has come under...

  Whether you prefer single malt, grain or blended, Scotch whisky (or “Scotch”) is a drink enjoyed and cherished by many, from kings, to authors, to movie stars. It is a drink that you want to be the authentic experience. Which is why the registering of the trade mark in Australia is a great thing! Scotch has a deeply embedded history and its very making is specified by law. To be labeled Scotch, a whisky must be distilled and initially matured in Scotland in oak barrels for at least 3 years. Australia has the reputation of being one of the worst markets for fake ‘Scotch’. Over 40 brands of fake varieties have been found and removed by the Scotch Whisky Association since 2005. The Scotch Whisky Association has been appealing to the UK Government and the European Commission ever since Scotch whisky was removed from Australia’s Food Standards Code in 2000. Since then fakes have run rampant due to lack of enforcement by authorities. Th...