Yearly Archive for: ‘2009’
Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea. But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.
Cosmetics giant L’Oreal launched a trade mark infringement action in France against the online auction house in September 2007, alleging that eBay was not doing enough to combat transactions involving fake L’Oreal perfumes. Judge Elisabeth Belfort last week ruled in eBay’s favour, finding that eBay had fulfilled its obligation towards other market operators (including L’Oreal) in good faith, by developing eBay’s current anti-counterfeiting measures. Despite this, Judge Belfort ordered both companies to mediation in order to jointly develop a plan for improvi
Everyone is aware of the ordinary rule: costs follow the event. A successful litigant will recover costs in the absence of special circumstances. But what constitutes special circumstances in patent cases? The recent Full Court decision in PAC Mining Pty Ltd v Esco Corporation (No 2)  FCAFC 52 highlights where the Court may depart from the ordinary rule and apportion costs on an issues basis.
Irish internet provider Eircom has agreed to implement a “three strikes” notice and disconnect regime in settling a case brought against it in the High Court in Ireland by the Irish Recorded Music Association (IRMA).
ACMA (Australian Communications and Media Authority) recently fined Optus $110,000 for alleged breaches of the Spam Act 2003 (Cth), in sending electronic messages without accurate sender information. In light of the significant penalties imposed by ACMA, we think it’s timely to think about “friend emails friend” communications, which may also risk contravening the Act.
On 16 December 2008 the UK Department for Innovation, Universities and Skills launched an informal consultation on the future direction of copyright. The aim of the consultation is to build on the Gower’s Report released in 2006 and ensure that the copyright system properly supports creative industries in the UK in the light of digital developments over the last decade.
According to the Sydney Morning Herald (http://www.smh.com.au/news/national/exposed-home-brand-deception/2009/01/16/1231608986605.html), Coles is set to overhaul its home brands partly due to concerns that the Coles Tick is too similar to the Australian Heart Foundation Tick.