Monthly Archive for: ‘March, 2014’

15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. For more, see here.

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ATMOsphere – Trade Marks Office Decisions – March 2014

In January this year, we started a new series of posts from IP Whiteboard: ATMOsphere, aiming to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions (see the January ATMOsphere post here). As explained there, our aim is both to provide a very high level summary of those decisions, to provide an …

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The New EU Unitary Patent and Unified Patent Court – On Track but Issues Remain…

After some 40 years of stop-start progress, recent months have seen a steady build-up of momentum in relation to the proposed EU Unitary Patent and Unified Patent Court (UPC) regime. Provided all goes to plan in the coming months, a 2016 start date for both is beginning to look an achievable target. The Unitary Patent The Unitary Patent will be …

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Media Watchdog not an arbitrator of criminal guilt, says Full Federal Court

In its recent decision of Today FM (Sydney) Pty Limited v Australian Communications and Media Authority [2014] FCAFC 22, the Full Federal Court has held that the investigative and determinative powers of the Australian Communications and Media Authority (“ACMA”) do not extend to making a finding that a broadcasting licensee, or any other person, has committed a criminal offence. The …

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US government to hand over Internet domain name role

Recently the US National Telecommunications & Information Administration (Department of Commerce) (“NTIA”) issued a media release announcing that the US intends to step out of its current role relating to the domain name system (“DNS”) of the Internet, resulting in a fully privatised DNS. Computers, mobile phones and other devices that connect to the Internet are identified using a string …

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The ALRC conducts Inquiry into “Serious Invasions of Privacy in the Digital Era”

The average internet user will click “I agree” to countless Privacy Policies (or 1,462 in a year, if you believe this research) without a second thought. Yet, as we forge further into the ever evolving digital age, more and more personal data is being shared by an increasing number of internet users (Facebook counted 1.23 billion users last month), without …

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Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section 41 of the Trade Marks …

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IP Whiteboard editor published in Internet Law Bulletin: Recent legal developments involving Twitter

If you still think that Tweeting is something only birds do, it’s time to fly the coop. Launched in 2006, Twitter is an online social networking site that enables its 645 million registered users worldwide to send and receive 140 character “Tweets”. More than 5700 Tweets are sent every second and up to 75% of mainstream journalists now find stories …

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Think before you speak, think before you tweet –social media and defamation

While most of us are posting mundane Facebook statuses about what we had for breakfast, or tweeting about our reactions to ‘The Bachelor’ (or is that just me?), Andrew Farley was doing a whole lot more last year, according to a judgment published only recently, but handed down in November 2013 in the District Court of NSW. Farley posted a …

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