Knowledge

07/03/16

Spotify fights back against copyright infringement class action!

On 12 February 2016, online music streaming service provider, Spotify, submitted two motions to stop a US$150 million class action lawsuit over copyright infringement fronted by Camper Van Beethoven and Cracker frontman David Lowery (‘Lowery’). Lowery filed his class action law suit against Spotify on 28 December 2015 where he accused the streaming service of...

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The two-stripe dispute between Adidas and shoe branding finally comes to an end

After a long running battle between Belgian footwear company, Shoe Branding, and Adidas, the Court of Justice of the European Union (CJEU) finally sided with Adidas on 24 February 2016. Shoe Branding filed a Community trade mark application in 2009 in connection with footwear which featured similar stripes to that of Adidas’ famous two stripe branding....

She should be so lucky: Kylie Minogue opposes Kylie Jenner’s ‘Kylie’ US trademark application

In 2015, reality TV star Kylie Jenner filed a number of federal trademark applications in connection with both her first name and her full name with the U.S. Patent and Trademark Office (“USPTO”), largely seeking protection for the name in connection with advertising services. However on 22 February, KDB (an Australian-based business representing Minogue) filed...

No fair or fair enough? Equals Three v Jukin and the doctrine of fair use in the States

In late 2015, a Californian court was faced with the difficult task of assessing what is fair use in the context of the digital age. Jukin Media, Inc. has built a substantial business out of licensing and distributing viral video clips to companies such as NBC, Fox, BBC and other distributors. It has a team...

Out-foxing the Pirates? Foxtel and Village Roadshow launch legal action to block piracy sites in Australia

Foxtel and Village Roadshow are set to be the first companies to make use of the new website-blocking laws passed in June 2015 under the Copyright Amendment (Online Infringement) Act. Village Roadshow has filed a case in the Federal Court, seeking to have the movie-piracy site “SolarMovie.ph.” blocked and Foxtel’s action targes the well-known piracy...

Taking “Outwit Outplay Outlast” off the island

It seems that Survivor’s philosophy has a home beyond the exotic islands on which it is filmed! In 2008 Conrad Riggs sued his former business partner Mark Burnett, the creator of the reality TV show “Survivor”, claiming he was owed $70 million from the show’s profits. While that case was settled in 2012, later...

Don’t stop believing: 20th Century Fox loses Glee trade mark case

20th Century Fox has lost the latest round in a UK appeal court battle against Comic Enterprises, a British comedy business operating comedy venues under the trade marked name ‘The Glee Club’. Comic Enterprises first opened The Glee Club in Birmingham in 1994, and has branches in Cardiff, Nottingham and Oxford. It registered its trade...

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