Category Archive for: ‘Litigation and procedure’

Sorry – your name isn’t on the list! Canada’s Supreme Court orders Google to de-index certain unlawful websites globally

A decision in June by Canada’s Supreme Court in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 has ordered Google to de-list certain unlawful websites from its search results worldwide. The decision has sparked immediate debate about the implications of such global takedowns on freedom of speech and on the power of Internet intermediaries. Background Equustek Solutions (Inc.) (Equustek), …

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Rock, racism and the Constitution: the US Supreme Court takes a different slant on trade marks

America! It’s a land of flags, Twinkies, NASCAR. and Constitutional amendments.  Matal v Tam (PDF) is the most recent warning not to get between an American and any of those things. The case concerned the application by a “new-wave dance rock” band to register their band name as a trade mark. Ordinarily, the US Patent and Trademark Office (PTO) would let …

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Threats Muddy Waters: unjustified threats of infringement in the Full Federal Court of Australia

A decision in March of the Full Federal Court in Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 concerning unjustified threats of infringement will have some lawyers as happy as pigs in mud. Dishing the Dirt Australian Mud Company Pty Ltd (AMC) is the owner of an innovation patent related to core sampling. In November 2006, it …

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When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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Counter-productive? Australia’s Productivity Commission releases Final Report into Australia’s Intellectual Property Arrangements

Yesterday, Australia’s Productivity Commission released their Final Report into Australia’s Intellectual Property Arrangements. This report was sent to Government on 23 September 2016. The Government is carrying out additional public consultation in relation to the recommendations made in the Final Report, which differ in key respects from some of the Commission’s draft recommendations. You can make a submission here – …

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The overarching purpose – misuse of confidential information, copyright infringement and the power of section 37M of the Federal Court of Australia Act

Earlier this week, Justice Moshinsky handed down judgment in SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333, a confidential information and copyright infringement case involving a former employee of SAI, which is an important reminder in relation to the conduct of litigation generally. Background SAI is a leading provider in Australia of integrated search, settlement and conveyancing software …

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Hand over the ouzo and no one gets hurt – Little Greek Taverna enjoins use of Little Greek Cuzina, and a Cheeky restaurant case from the UK

The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*.          The facts 3 Florinians Pty Ltd (Taverna) is a family business run by its directors, Ms Elli Parmaklis, Ms Domna Papavasiliou and Mr Yianni Parmaklis. The …

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Bieber Fever running high, “is it too late now to say I’m SORRY?” – allegations of copyright infringement against The Biebs (aka Justin Bieber)

Indie artist, Casey Dienel, who goes by the name of “White Hinterland”, is suing Justin Bieber and producer, Skrillex (as well as the other songwriters) for alleged copyright infringement in relation to Bieber’s hit and annoyingly catchy song “Sorry” (you know the song where The Biebs is singing about Selena Gomez – you can listen to it here). Dienel claims …

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Aristocrat v Global Gaming – it’s all fun and games until someone infringes a trade mark

The Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC marks the end* of a long-running dispute between the Aristocrat Technologies group and Global Gaming Supplies, Impact Gaming and Tonia Enterprises. *hopefully The Aristocrat group and its trade marks The Aristocrat group supplies gaming technologies and services to the international gaming industry. …

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