Category Archive for: ‘Litigation and procedure’

Inventor caught in web of precedent

We recently saw the publication of an interesting decision in the United States concerning patent licences, with the US Court of Appeals for the Ninth Circuit holding that under the terms of a settlement agreement, Marvel, the owners of the Spiderman brand and franchise, were not required to pay royalties to the inventor of a Spiderman toy once the inventor’s …

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Italian and US Courts differ on Gucci v Guess – trade mark claims

According to a May 2013 judgment  of the Italian Tribunale di Milano (Court of Milan), the products of Los Angeles-based fashion brand Guess Inc (“Guess”) do not infringe the trade mark rights of Italian luxury brand Guccio Gucci SpA (“Gucci”). However, according to a May 2012 judgment of the US District Court for the Southern District of New York, they …

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Federal Court finds that “realestate1.com.au” URL infringes realestate.com.au composite trade mark

In the words of Justice Bromberg in REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559, “scouring the real estate classifieds of a metropolitan daily newspaper used to be an essential Saturday morning activity for those interested in buying or renting real estate”. That activity changed with the arrival of online property portals such And about reporting tweezers. …

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Heartache and Sour Grapes on the Internet: A Lesson in Case Management

If you can’t say anything nice, don’t say anything at all. It’s an old saying, but it rings true, especially when social media is your platform of choice for voicing some less than complimentary opinions. The temptation to vent your frustrations via Facebook or Twitter can be overwhelming- after all, we spend a lot of time online. However, it’s all …

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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 …

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Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially competing principles. In the right …

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Experimental evidence– comply with the rules or risk inadmissibility

By refusing to allow Generic Health to adduce experimental evidence in a patent case currently being heard in the Federal Court, Justice Jagot has made it clear that failing to comply with procedure set out in the Federal Court Rules when conducting experiments can have serious consequences. In this case, Generic Health conducted an experiment without seeking prior orders from …

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“Holy Unfavourable Judgment Batman”…Batmobile found to be a protectable character

Can you guess the movie character from the following description: “…oddly-shaped head and facial features, squat torso, long thin arms, and hunched-over posture”. Got it? It makes sense when you know the answer (E.T.). But which movie character fits the description “swift, cunning, strong, and elusive?” Apparently, the Batmobile. DC Comics has succeeded in its court proceeding action against Mark …

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Busted as bro…First ruling under NZ’s ‘three strikes’ copyright infringement laws

Busted as bro… First ruling under NZ’s ‘three strikes’ copyright infringement laws A New Zealand Rihanna fan has the dubious honour of being one of the first people to have an enforcement action brought against her for breach of copyright under the Copyright (Infringing File Sharing) Amendment Act 2011 (NZ), the most recent addition to New Zealand’s copyright laws.  These …

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