Misuse of private information is a “tort” in English law

The Court of Appeal for England and Wales has held that the cause of action recognised in English law since Campbell v Mirror Group for misuse of private information should be classified as a tort rather than an equitable cause of action. The question of classification was important in litigation against Google, Inc, because the plaintiffs needed to establish that …

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What’s in a name? (Try to) Keep up with the Kardashians

Here at IP Whiteboard, we learnt the power of a celebrity name when one of our posts got roughly 20 times more hits than we expected (and crashed the site in the process). Why? While we like to think the combination of on-trend pop culture knowledge and cutting edge legal analysis really drew readers in, ultimately it was the celebrity …

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Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking at the opportunities presented by …

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Another Privacy Commissioner determination awarding compensation

A notable feature of Timothy Pilgrim’s tenure as Privacy Commissioner has been his willingness to make determinations awarding compensation. At the end of March 2015, the Commissioner published his reasons for making another determination in which compensation was awarded. Some facts and figures on compensation under the Privacy Act With Privacy Awareness Week in the Asia Pacific coming upon us …

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Disney’s “Frozen” in copyright dispute – filmmaker can’t Let it Go

Question: What do these things have in common? a snowman loses his carrot nose, and it slides out to the middle of a frozen pond; the snowman is on one side of the pond and an animal who covets the nose is on the other; the characters engage in a contest to get to the nose first and the animal …

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Proposed new website blocking powers for the Federal Court

There has been a great flurry of activity in the online copyright infringement space lately. Along with the Dallas Buyers Club decision (see our previous post here) and the proposed Industry Code for a copyright Notice scheme (here), the Government has recently introduced a Bill that would give the Federal Court a power to block overseas website that have the …

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Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal. Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by …

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Dallas Buyers Club – Court to order the (conditional) disclosure of customer details following allegations of copyright infringement

On 7 April, Justice Perram of the Federal Court of Australia found that iiNet and five other ISPs should provide the names and addresses associated with 4,716 IP addresses to Dallas Buyers Club and Voltage Pictures. Dallas Buyers Club and Voltage (with rights in the movie, Dallas Buyers Club) had alleged that the IP addresses had been used to infringe …

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