Category Archive for: ‘Litigation and procedure’

Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the …

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Preliminary discovery and arbitration

Ordinarily, an arbitral tribunal does not have power to order preliminary discovery of documents that would allow a prospective plaintiff to evaluate whether or not sufficient evidence exists to commence a claim. This was one of the findings of the Supreme Court of NSW in a recent case in which a company suspected that a number of its former senior managers and consultants had misused the company’s confidential information or infringed its IP rights.

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What’s in a name? Saks v “Snaks” trade mark dispute

 (Unfortunately, not for human consumption. Some of the treats available from “Snaks 5th Avenchew”.) They say dogs are (wo)man’s best friend, but apparently the team over at Saks 5th Avenue missed the memo. The luxury U.S. department store had a less than friendly reaction to discovering a small online business retailing specialty canine and equine treats under the name “Snaks …

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Website blocking injunction issued for trade mark infringement

The importance of trade marks to luxury brands has always been a happy coincidence for this IP Whiteboard blogger, so when Justice Arnold handed down his latest decision in relation to counterfeit goods in the UK High Court, I (momentarily) ceased flicking through the latest issue of Vogue and switched over to Bailii (the UK’s case law database, and equally …

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“HOW” does matter – ethics company sues yoghurt

Imagine this: you’re a best-selling author and CEO. You’ve spent years building your brand, working hard to distil it down to one word, “HOW”, which you’ve registered as a trade mark. You host a meeting with a prospective client, an advertising agency, during which you discuss “HOW” and its meaning. A few months go by, and a certain yoghurt company …

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New rules for recording and broadcasting judgments in the NSW Supreme Court

In news that will be of particular interest to media organisations, the Supreme Court of NSW has introduced new rules that provide for judgment to be recorded and broadcast. Under the new rules (Part 9A of the Supreme Court Act 1970 and Part 13 of the Supreme Court Rules 1970), a person may apply to the Court for permission to …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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Google around the world: privacy, e-commerce and the “right to be forgotten”

A panel of people appointed by Google is meeting in Madrid today to debate the balance between privacy and freedom of information. This is the first of seven meetings set to take place across various European capitals, instigated by the “internet giant” after the controversial “right to be forgotten” ruling of the European Court of Justice (“ECJ”) in May this …

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The Adventures of Sherlock Holmes: a warning against “disreputable” licence fees

Klinger, a Sherlock Holmes expert and co-editor of an anthology inspired by Sherlock Holmes, has been praised for performing a “public service” in fighting the Conan Doyle Estate (the Estate) for the right to use characters taken from Sherlock Holmes stories published before 1923.  At the same time, Judge Posner issued a strong warning to the Estate for its business …

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