Archives for: ‘Cate Nagy’

Smells fishy: Trident Seafoods Corporation v Trident Foods Pty Limited

This recent Federal Court decision concerns two appeals by Trident Seafoods Corporation from decisions made by delegates of the Registrar of Trade Marks.

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“13 Reasons Why” to watch Article 13 – Copyright reform in the European Union

Last week, a plenary session of the European Parliament has voted to adopt changes to the Directive on Copyright in the Digital Single Market (or the Copyright Directive for short), that was first introduced by the European Parliament Committee on Legal Affairs on 20 June 2018.

The Copyright Directive contains a number of sections that have been extremely polarising – critics argue that the Copyright Directive will encourage a form of censorship while supporters argue that the Copyright Directive will protect the works of artists and creators. One of the most contentious parts of the Copyright Directive is Article 13.

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

Update: The Australian Grand Prix corporation assigned its Australian trade mark application to Formula One Licensing B.V. on 16 May 2018. 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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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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