Archives for: ‘Cate Nagy’

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) …

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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 …

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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 …

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How much dough are smells worth?: Hasbro files a scent mark in the US

Our sense of smell (or ‘olfactation’ as it is technically described) is said to be the sense most intimately linked to our memories. There are certain distinctive smells that, without fail, trigger in us nostalgia for the halcyon days of childhood – the bleach-like whiff of chlorine after a day at the local pool, the waxy odour of Crayola crayons …

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When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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How many codes must a man walk down? Coding and copyright cross paths in the FCA

For most of us, our exposure to software code is limited to the Matrix and those terrifying moments when you accidentally open Terminal on your Mac. However, as computers slowly and silently assume dominion over every facet of our lives, it’s inevitable that the mysteries of source code will increasingly confront us with novel challenges. In IPC Global Pty Ltd …

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Counter-productive? Australia’s Productivity Commission releases Final Report into Australia’s Intellectual Property Arrangements

Yesterday, Australia’s Productivity Commission released their Final Report into Australia’s Intellectual Property Arrangements. This report was sent to Government on 23 September 2016. The Government is carrying out additional public consultation in relation to the recommendations made in the Final Report, which differ in key respects from some of the Commission’s draft recommendations. You can make a submission here – …

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Oze, Oze, Oze: A Mitey Victory for Dick Smith Investments Pty Ltd

The Federal Court has ruled that Dick Smith’s Ozemite trade mark can remain on the Register, forcing patriotic-spread-loving Australians to choose between it and competitor, Aussie Mite. Although Ozemite was registered as a trademark before its homophonic counterpart and thereafter promoted vigorously by “National Living Treasure,” Mr Smith, Ozemite did not reach supermarket shelves for another eight years. In the …

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An apparently ‘precious’ ring: Federal Court grants summary judgment to rule them all

The Federal Court of Australia has given summary judgment in Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 for Tolkien Estate Limited (representing the estate of the late JRR Tolkien) against a jewellery trader selling rings bearing the infamous inscription of the ‘One Ring’ from Tolkien’s The Hobbit and the Lord of the Rings series. His Honour Justice Beach set …

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