Knowledge

06/10/15

Trade Marks Act amendment poses new challenges

In September of this year, the Trade Marks Amendment (Iconic Symbols of National Identity) Bill was introduced to Parliament by Federal MP Bob Katter. The Bill proposes the introduction for a new ground for rejecting a trade mark application if the trade mark consists of a sign that is of iconic value and national significance,...

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Movie pirates in clear waters…for now

In what is proving to garner more interest than the latest Hollywood flick, the Federal Court last month handed down the fourth installment in the case brought by Dallas Buyers Club LLC (DBC) and its parent company Voltage Pictures LLC against six Australian ISP’s (including Internode, Adam Internet, Dodo, Wideband and Amnet Broadband) seeking the...

It’s a food fight! Nine roasts Seven in copyright battle

There is nothing new about television executives complaining that rival network has ripped-off one of their shows. But getting a court to agree is another story altogether, as Channel 7 recently found out! In a high ‘steaks’ legal stoush, Channel Seven tried to have Channel Nine’s new cooking show The Hotplate taken off the air...

Graffiti and copyright

You may remember Katy Perry wearing a Moschino-designed ‘graffiti’ dress at the Met Gala earlier this year? Or maybe you remember Gigi Hadid wearing it at the 2015 Moschino runway show? Last month, an American street artist known as ‘Rime’ (aka Joseph Tierney) filed a copyright infringement claim in a federal Californian court against both...

Architects are artists too!

The recent case Coles v Former and Ors [2015] is an interesting case that would be particularly appreciated by architects and designers. The claimant purchased a home from the original owners who had together with an architect come up with ideas and design plans for the house. The original architect invested considerable creative effort into the...

Faking it with Fake Profiles

Citymove Pty Ltd is a popular city and interstate removalist company with a few bad habits. This is now the second time they have been caught out for publishing false consumer testimonials, and this time the penalty was a lot higher. The ACCC issued three infringement notices to Citymove for allegedly fabricating consumer identities to...

Your domain name no more

The recent decision in Thomas International Limited v Humantech Pty Ltd [2015] FCA 541, highlights when the Court will grant an interlocutory injunction to compel the transfer of domain names. Thomas International was an Internet business that provided psychological testing services. In 2007 they entered into a Master Licence Agreement with Humantech under which Humantech was...

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