Monthly Archive for: ‘May, 2013’

Facebook status update (Part 1): The legal battle behind Facebook Timeline

We think the folks at Facebook been busy.  From “Timeline” to “Typosquatters” to “Tight New Restrictions” on use of brand assets, there’s plenty for users to absorb.  This post is about Facebook’s Timeline lawsuit.  Stay tuned for our next two posts which will deal with “Typosquatters” and brand asset changes respectively. According to Facebook’s Form 10-Q (filed with the United …

Read More

Orphans for sale – changes to UK copyright laws

What do dusty long-forgotten prints in the British Library, your latest Instagram masterpiece and Oliver Twist have in common? Answer: There’s a fair chance they’re all orphans. The term “orphan” is used to describe copyrighted material where the rights holder is not known or cannot be found after conducting a “diligent search”.  The UK has passed legislation which aims to …

Read More
Subjects: |

Patentability of Computer Software – Upheaval in US Courts

The patentability of computer software is a hot topic in Australian courts at the moment. However, we aren’t alone in struggling with this controversial issue. On 10 May 2013, the United States Federal Circuit issued an en banc decision in CLS Bank International v Alice Corporation Pty Ltd that rendered the claims of four ‘software patents’ invalid, for not defining …

Read More
Subjects:
Partner:

Neil Brooks and the Nine Network: Does ACMA offer sufficient vindication to current affairs program targets?

Current affairs programs like Today Tonight and A Current Affair enable ordinary Australians to voice their grievances in circumstances where traditional avenues to justice (i.e. the Courts) are increasingly out of reach. These programs are hugely popular. It follows that the more extravagant the allegation, the higher the ratings.  However, what happens if the allegations over-reach? A recent successful complaint against …

Read More

Will filming Times Square now require negotiating with hundreds of copyright owners?

On 8 April 2013, The Motion Picture Association of America, along with the International Documentary Association and Film Independent, filed an amicus brief[1], supporting the NFL in their fight against (the very litigious!) Frederick Bouchat. Bouchat’s fight with the NFL and the Ravens (an NFL team) started many years ago in 1996, when he sent off a drawing he created …

Read More
Subjects: |
Partner:

The CGK: Our review of Australia’s patent cases for 2012

We are excited to announce the launch of ‘The CGK’ –  our review of Australia’s patent cases for 2012.  This is the 10th edition of our annual patent review. The CGK examines the most important patent decisions handed down in 2012, including the Full Court’s decisions in SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd and Apotex Pty …

Read More
Subjects:
Partner:

Use it or Lose it – a bitter storm brews for heritage beer brands

In a dispute that many (from beer lovers to IP lawyers) have been following, a decision on Foster’s ownership of 60 trade marks of heritage beers by IP Australia is expected by July 2013. The dispute centres on approximately 60 of Foster’s trade marks, such as as Ballarat Bitter, McCracken’s, Brisbane Bitter, Kent Old Brown, White Horse (registered as a …

Read More
Subjects:
Partner:

Battle of the brands questions retailers’ exclusivity agreements

It is no secret that Australian department stores operate in a tough competitive landscape.  One of the major weapons in their artillery is their ability to provide exclusive access to certain brands. This is secured by exclusivity agreements with designers that restrict designers’ ability to supply their wares to rival department stores. This exclusive brand strategy recently came under review …

Read More
Subjects:
Partner:

‘Breastaurants’!? Wow that’s [insert scandalous trade mark here]®!

There must be something in the water at trade marks offices around the world. They’ve approved shirts emblazoned with the letters FCUK, bar snacks called Nuckin Futs and even a beer called F*****g Hell! If that wasn’t exciting enough, soon we might be able to finish up the day at a ‘Breastaurant’.  The trade mark has recently been registered in …

Read More
Subjects:

Page 2 of 2«12