Monthly Archive for: ‘April, 2010’

New guidance on commercial secrets in China

In the wake of the Stern Hu/Rio Tinto case, the Chinese State Owned Assets Supervision and Administration Commission has released guidance on what constitutes a “commercial secret”.  Mallesons’ Nicolas Groffman examines the implications of this guidance for Australians investing in China here.

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Sorbent brand success leads to trade mark victory

Sorbent branded toilet paper, tissues and related products have been extensively advertised in Australia through TV commercials and magazines over a number of years. The strength of its brand, its products and advertisements are well recognised.

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August IP appeals: update

For our readers keen to plan ahead, it will soon be time to stay close to Twitter and refresh those RSS feeds.  This is because the August 2010 sittings of the Full Court of the Federal Court have fixed for hearing at least two significant IP cases.  At a recent call over, the Federal Court fixed Roadshow Films and Others v iiNet for the 2 August sittings.  Likewise, Telstra & Sensis v Phone Directories Company and Ors has also been listed for the same hearing period.  Specific dates have not yet been allocated, but as soon as IP Whiteboard knows, you will too.

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USA Trademark Board presses the flush on the HERE’S JOHNNY toilet

In a decision which provides a whole new meaning to the phrase “going to the ‘john’”, the John W. Carson Foundation (Foundation) has successfully opposed registration of Johnny Carson’s famous phrase “HERE’S JOHNNY” as a trade mark of portable toilets (proposed mark).  This decision has come about more than 30 years after the same toilet manufacturer first attempted to register the proposed mark.

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More music, more options for all!

The one great power that copyright grants a creator is the right to prevent others from using your works without your license. This means that if you have a business that uses music, such as a restaurant, fitness centre, cinema, school, or if you are putting on an event or corporate function then you need to get permission from each copyright owner to play that music. This may be easy if you all you want to do is play the latest Lady Gaga classic on repeat at your club, but is much more challenging if you want a wide variety of music to inspire your customers at your fitness centre.

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“To each cow its calf and to every book its copy” – three strikes passes privacy muster in Ireland

Privacy issues raised by the settlement of the Irish peer-to-peer copyright litigation were dismissed by the Irish High Court in a decision made on 16 April.  This cleared the way to the implementation of the settlement between the music industry and Eircom, one of Ireland’s largest ISPs.

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Performance Rights – But really an excuse to write about Spandau Ballet

At Rod Laver Arena this week, a few of us sang our lungs out to Tears for Fears and Spandau Ballet.  It was great to see ‘Tony’, ‘Gary’, ‘Martin’, ‘John’ and ‘Steve’ once again, after a hiatus of only 25 years.  And with the first notes of “True” and “Gold”, the words of one of my team members started to die away:  “You’ll need good seats given it’s a ballet.”

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Copyright licensing and a cautionary (fairy) tale

Last week it was reported that DreamWorks LLC, the studio behind the popular animated franchise, “Shrek”, is regretting its decision to allow men’s magazine VMan to use characters from the film in a fashion photo shoot.  The photos features characters such as Shrek, Princess Fiona and Donkey in a variety of scenes, “posing” with scantily-clad models.  The magazine spread has drawn a lot of publicity — some good, some bad — and the photos have variously been described as “racy”, “sultry” and even

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Digital downloads not “goods”

The Supreme Court of New South Wales has confirmed that the supply of software through a digital download fulfilment mechanism is not a supply of “goods” for the purposes of the sale of goods legislation.  The result, which had been anticipated by commentators and practitioners for many years, may lead to legislative reform.

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