No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you. The Applicant, Flexopack S.A. Plastics Industry, is a Greek company which sells and distributes thermoplastic food packaging films around the world under the trade mark “Flexopack”. The Applicant has various …

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The fragrant but (un)safe harbour: what happened to Hong Kong’s Copyright amendment?

Hong Kong may be famed for its deep and sheltered harbour, but prolonged debate over amendments to the Copyright Ordinance have seen ‘safe harbours’ for internet providers sink. On 8 March 2016, an Editorial in the South China Morning Post mourned for Hong Kong’s amendment, Copyright (Amendment) Bill 2014: With the legislature becoming increasingly hostile, the passage of government bills …

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Social media “influencers”: the do’s and don’ts of disclosure

It’s now a widely acknowledged reality that commercial organisations need defined social media strategies and policies in place as a framework for approaching the world of ’gramming, liking, sharing, connecting (and, a recent addition to the Facebook stable, “reacting”) online.  An increasingly important part of that strategy is often engaging social media ambassadors or “influencers” to promote products or brands …

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Soft Kitty, Same Kitty: The Big Bang Theory sued for copyright infringement… Bazinga

Over Christmas, the producers of The Big Bang Theory (amongst others) received a rather unwelcome gift – their now-famous Soft Kitty lullaby has become the subject of a copyright infringement claim. The daughters of Edith Newlin, a New Hampshire nursery school teacher, claim the show has copied their mother’s 1933 poem, Warm Kitty, without their mother’s permission. For those of …

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Are search results defamatory? Google’s not feeling lucky

Sticks and stones may break your bones, but search results can hurt you? At least, that seems to be way the Australian courts have been leaning. In the latest in a series of cases against Google, Google was unsuccessful in its bid to set aside a writ and statement of claim alleging defamation by their search results. The person bringing …

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500 versions of software – when is a new version of software original and when does copyright subsist?

The Full Court, in its recent decision JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20 tackled some difficult questions of subsistence of copyright and originality. Considering the circumstance where an original work has been altered by a number of changes that are insubstantial in the context of the foundation work, the Full Court asked: Is the text …

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Lights, camera, action! – will ‘revenge porn’ victims finally have a cause of action to sue offenders?

The Senate’s Legal and Constitutional Affairs References Committee (“Committee”), in an inquiry into the worldwide phenomenon known as ‘revenge porn’, made recommendations last week that acts of ‘revenge porn’ should be made a crime on Commonwealth and State levels. But ‘revenge porn’ scandals are only for the J-Laws and Kim Kardashians of the world right? Apparently not.

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Copyright and the US primaries: From Adele to Neil Young, why do artists keep getting Berned by politicians?

From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune?

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Kylie Minogue takes on Kylie Jenner – what happens when two celebrities have the same name?

We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has now filed an opposition against …

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