WIN v Nine: Court of Appeal confirms Justice Hammerschlag’s decision

Prepared by:    Helena Kanton and Michael Swinson This month, the New South Wales Court of Appeal dismissed an appeal by regional TV broadcaster WIN against an earlier decision by the New South Wales Supreme Court that the Nine Network was not prohibited under an exclusive licence agreement with WIN from live streaming Nine’s TV programming over the internet in WIN’s …

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The overarching purpose – misuse of confidential information, copyright infringement and the power of section 37M of the Federal Court of Australia Act

Earlier this week, Justice Moshinsky handed down judgment in SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333, a confidential information and copyright infringement case involving a former employee of SAI, which is an important reminder in relation to the conduct of litigation generally. Background SAI is a leading provider in Australia of integrated search, settlement and conveyancing software …

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Levi’s stitches up win in jeans pocket case

You pick up a pair of jeans in the store, and you inspect the back pockets. (Is there anyone that doesn’t select jeans based on what is on the back pockets?) What brand of jeans are you holding? The answer would be obvious to many. They’re LEVI’S jeans. You could tell whether the word mark LEVI’S was there or not. …

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Hand over the ouzo and no one gets hurt – Little Greek Taverna enjoins use of Little Greek Cuzina, and a Cheeky restaurant case from the UK

The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*.          The facts 3 Florinians Pty Ltd (Taverna) is a family business run by its directors, Ms Elli Parmaklis, Ms Domna Papavasiliou and Mr Yianni Parmaklis. The …

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Another case considering t-shirt branding. Has Silberquelle been transplanted into Australian law?

The Australian airline Qantas has had its opposition against the “t-shirt” mark below rejected by the Federal Court (Qantas Airways Limited v Edwards [2016] FCA 729). (Edwards’ Mark) The decision makes interesting reading in a number of respects, but this note only considers a discreet issue. Is use on a t-shirt trade mark use? If so, in respect of what …

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Insecure title: Don’t forget to register your security interest when supplying content on retention of title terms

A recent judgment from the NSW Supreme Court involving the lease of gas turbines is actually a useful and important reminder to content producers seeking to retain copyright in content provided to customers until those works are paid for. On the face of it, the decision in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General …

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Australian Privacy Commissioner takes expansive view of jurisdiction in Ashley Madison case

Many regulators take an expansive view of their remit, and the Australian Privacy Commissioner has acted in this way in the Ashley Madison case. The Ashley Madison data security breach attracted enormous publicity worldwide, when details of approximately 36 million subscribers were published by hacktivists operating under the monicker “The Impact Team”. The company that ran the affected business is …

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Full Court warns against dangerous affliction of parameteritis (and confirms invalidity of aripiprazole patent)

On Wednesday the Full Court of the Federal Court of Australia handed down a decision in which it upheld Justice Yates’ findings that Otsuka’s patent relating to aripiprazole, a drug used in the treatment of schizophrenia, is invalid for want of novelty and inventive step.  Otsuka had alleged that Generic Health’s aripiprazole products, which were registered for the treatment of schizophrenia, …

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Oze, Oze, Oze: A Mitey Victory for Dick Smith Investments Pty Ltd

The Federal Court has ruled that Dick Smith’s Ozemite trade mark can remain on the Register, forcing patriotic-spread-loving Australians to choose between it and competitor, Aussie Mite. Although Ozemite was registered as a trademark before its homophonic counterpart and thereafter promoted vigorously by “National Living Treasure,” Mr Smith, Ozemite did not reach supermarket shelves for another eight years. In the …

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