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IP Whiteboard

Can Willy the Wizard pass the “Goblet of Fire” test?

19 February 2010

The Adventures of Willy the Wizard No 1: Livid Land, is apparently a small book, under 40 pages long. The author, Adrian Jacobs, is long deceased. This has not deterred his estate from suing JK Rowling for copyright infringement in the United Kingdom.  It is claimed that Willy the Wizard has been incorporated into Harry Potter and the Goblet of Fire.  Whilst proceedings were commenced last year against Ms Rowling’s publisher, Bloomsbury Publishing, Ms Rowling has only now been joined personally this week.

Some, including Ms Rowling, might speculate that the litigation is opportunistic. She has certainly issued a heated denial of wrong-doing, or even knowledge of the book. There is talk of a summary dismissal application. We will not ourselves make any judgment about the statement of Max Markson, representing the estate, who is reported in the Guardian on 18 February 2010 as stating: “I estimate it’s a billion dollar case.”

Instead, our intrepid IP Whiteboard team is engaging in its own research. Having incurred the $12 plus $10 postage and handling fee (ed: not without some reservations), we are awaiting our own edition of Willy the Wizard. We will then proceed to analyse the book and inform you of the results. Stay tuned for our in depth analysis.

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Naming Your Race Horse – Like registering a trade mark? Well, not quite

26 November 2013
The annual Spring Racing Carnival and running of the Melbourne Cup, can often lead to more than a sore head and fistfuls of losing betting slips. Inspired by the (admittedly rare) example of a $4000 horse winning a Group 1 race, you too might have recently acquired a small stake in a new race horse. Now, it is time to give your foal a name. For the trade mark enthusiasts amongst us, navigating the Registrar of Racehorses ‘Horse Naming Policy’ might remind us of the rigors of the Trade Marks Office. The process is quite similar, but there are differences too.
Read on