‘Mickey Mouse’ horror film escapes trade mark litigation

Film buffs, roll up! Despite the fact that it probably isn’t showing at your local MegaPlex, Randy Moore’s latest indie horror film ‘Escape from Tomorrow’ has garnered a considerable amount of media attention. Shot on Disney soil without permission, it features iconic (and copyrighted) Disney characters like Mickey Mouse and Donald Duck doing things like attempting to crush a child, …

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Nestlé wins latest battle with Cadbury over the colour purple in the UK

On 4 October 2013, the Court of Appeal of England & Wales upheld an appeal brought by Nestlé in relation to Cadbury’s application to register the colour purple as a trade mark in respect of the packaging of chocolate. Whilst Cadbury’s application was for a specific shade of the colour purple (namely, Cadbury’s famous Pantone 2685C), the Court of Appeal …

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OAIC releases privacy ‘better practice guide’ for mobile app developers

The Office of the Australian Information Commissioner (OAIC) has been busy of late.  As well as releasing the second stage of its Draft Australian Privacy Principles Guidelines for consultation in late September, it recently sent an open letter to Facebook, which we posted about here. However, it’s not very often that we see regulators encouraging the use of graphics, colour and …

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Australian Privacy Commissioner weighs in on proposed changes to Facebook terms

Previously, we posted about Facebook’s changes to its Data Use Policy and Statement of Rights and Responsibilities (SRR), as a result of a $20 million class action settlement. Recently, Timothy Pilgrim, the Australian Privacy Commissioner has submitted an open letter to Facebook on behalf of the Office of the Australian Information Commissioner (OAIC).  This letter can be found online here. …

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Why all the secrecy? Tom Waterhouse defamation settlement reignites court access debate

Imagine you are an “A” type lawyer keen to know what’s going on.  Yes, that’s most of us at IP Whiteboard. It means we were frustrated some time ago when told by the NSW District Court that pleadings in the Tom Waterhouse v Fairfax Media defamation case were unavailable for review.  Our previous post here explains the policy rationale. Our curiosity …

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The times they are a changin’? Innovation patents system review

The Options Paper of the Australian Government’s Advisory Council on Intellectual Property (ACIP), issued in August 2013, sets out various reform options for innovation patents, including their complete abolition. Final submissions on ACIP’s review of innovation patents, initiated in 2011, can be submitted to mail.acip@ipaustralia.gov.au by 4 October 2013. Innovation patents & ACIP’s review Innovation patents were established in 2001 …

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Life on the Social Media Front Line: The legal and ethical challenges facing Online Community Managers

Visualise this scenario.  First, you are a lawyer (okay, I know this is tough for some).  Secondly, social media is a burgeoning legal area where you need to know more.  Thirdly, and bravely (given you are risk averse, somewhat conservative and nervous about causing offence), you have signed up to a range of social media platforms.  This is Phase 1. …

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Spot The Difference: Ministry of Sound sues Spotify for copyright infringement

To those who have ever created an awesome Ministry-esque playlist on Spotify – you may have just got them into trouble. In September this year, Ministry of Sound, famous for their dance music compilations (think “Addicted to Bass”, “Sessions”, “Chillout Sessions” and the now-ironically named “On the Download”), have sued Spotify for copyright infringement in the UK High Court. Spotify …

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“You can’t stop the music” – Village People cop Victor Willis celebrates regain of copyright interest

When the clock struck midnight on 13 September 2013, Victor Willis, original Policeman from the Village People, is said to have regained his copyright interest in many of the band’s hits, including YMCA. To recap on our post from last year, Willis co-wrote many of the band’s biggest hits (who could forget In the Navy) and performed as the lead …

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