Lucky Escape – Topbuy Avoids Fine of up to $1.1 Million Per Day

On 1 December 2009, online retailer Topbuy was issued with a formal warning from the Australian Communications and Media Authority (ACMA) for breaching the Spam Act 2003 (see ACMA’s press release). Following investigations into three commercial electronic messages sent by Topbuy to consumers without their consent, ACMA concluded these messages represented a broader systemic problem. read more…

Fighting Simulated Fire with Simulated Fire

Hot off the press is the Federal Court judgment in Bitech Engineering v Garth Living [2009] FCA 1392 handed down on 26 November 2009.  The case involved a patent for simulating flames in domestic room heaters.  Foster J extinguished both Bitech’s claim that its patent had been infringed and the respondents’ cross-claim that the patent was invalid.

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