Archives for: ‘Cate Nagy’

Formula One and now the Australian Grand Prix Corporation look to cash in – the big Huey shoey bluey

You might have heard of the shadow boxing match between the Formula One’s licensing arm and The Mad Hueys – well, as of 2 May 2018, the Australian Grand Prix Corporation has decided to enter the fray. Hold on to your boots, we’re going in. The celebratory act of drinking beer or champagne from a shoe (the “shoey”) is a …

Read More
Subjects:
Partner:

Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, (see Stone & Wood Group …

Read More
Subjects:
Partner:

The Best Laid Plans: West Australian Supreme Court rules on copyright in building drawings

In Milankov Designs & Project Management Pty Ltd v Di Latte [2018] WASC 14, the WA Supreme Court has handed down a cautionary copyright tale to all prospective home builders. The moral of the story?  When it comes to working out what you can do with the plans you’ve paid for, and what you need to do to be an …

Read More
Subjects:
Partner:

AMG meats its maker: Australian Meat Holdings protect a fair dinkum mark

The Federal Court has found that the Australian Meat Group (AMG) has infringed the trade mark of one of Australia’s largest meat producers. The Court also narrowly applied the substantial identity test, bucking the trend of some recent decisions which indicated that the Court may be widening the scope of the assessment. Long ago, the meat lobby figured out a …

Read More
Subjects:
Partner:

Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

Read More
Subjects:
Partner:

All’s fair in love and war? The limits of the “fair dealing” copyright exception

The Fair Dealing-Fair Use war has been raging in Australia since antiquity. The Fair Users fondly yearn for the green pastures of American-esque copyright law. They imagine a vast nation where creative works are freely and peacefully disseminated as Fair Use, their benevolent sovereign, smiles on creators and consumers with equanimity and impartiality. The Fair Dealers on the other hand …

Read More
Subjects:
Partner:

Stuck between some wine and a hard case – some lessons from the Barokes “wine in a can” saga

Every now and then a case cracks open a delicious mix of intellectual property and commercial problems. Recent litigation by Barokes over “wine in a can” is one such example. After centuries of drinking wine out of glass bottles (or ‘goon sacks’ [1]) two inventors took the plunge and developed revolutionary technology for “wine in a can”. Barokes Pty Ltd (Barokes) …

Read More
Partner:

Blockchained to the rhythm: what are ‘distributed ledgers’ and could they help the music industry and copyright?

Forget Napster! One of the biggest problems in the music industry is the who, what, where, and why: which labels and publishers, performers, songwriters and producers own which rights and what split of royalties should be paid? Worse still: when are the songs being played, who by, and for what purpose? This occurs, in part, because of the labyrinthine distribution …

Read More
Subjects:
Partner:

Kick off! English Premier League kicks unauthorised live streaming as the UK High Court makes first “live” blocking order

Live streaming is a red-hot topic in the Australian IP sphere. In February this year, the streaming of Foxtel’s broadcast of the Mundine v Green fight kicked-off debate around sports rights, streaming and the role of social media as hosts. In the United Kingdom, the live streaming controversy extended beyond feisty Facebook comments when Arnold J made “live” blocking orders …

Read More
Subjects: |
Partner:

Page 1 of 1012345»...Last »