Archives for: ‘Cate Nagy’

MUSASHI v A-SASHI – healthy competition?

The appeal from the Federal Circuit Court of Australia in Christian v Société Des Produits Nestlé SA (No 2) [2015] FCAFC 153 concerning infringement of Nestlé’s MUSASHI marks raises interesting questions regarding the nature and scope of relief for trade mark infringement.

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Haters Gonna Hate (hate, hate, hate, hate): Why are famous singers so often sued for copyright infringement?

Taylor Swift was sued by R&B singer Jesse Braham for US$42 million for alleged copyright infringement in the lyrics of her chart toppings song “Shake it Off”.   Two weeks later, the claim was dismissed. It seems that every famous singer these days has been sued for copyright infringement. Think Pharrell Williams, Beyonce, Jay Z, Sam Smith, Coldplay… and the list …

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Could your Halloween costume land you in the middle of a legal nightmare?

The answer may scare you …

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Too much of a stretch to recognise copyright in yoga?

The US Court of Appeals of the Ninth Circuit has held that the famous sequence of yoga poses (or “asanas”) developed by Bikram Choudhury (and performed at 40°C) does not attract copyright protection. A copy of the decision is here. Choudhury sued a yoga studio, Evolation Yoga, established by two former students, which offered hot yoga classes in which the …

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Crocodile attacks in New Zealand – Lacoste death rolls Crocodile International again

New Zealand may have beaten France in the Rugby World Cup quarter finals, but one French sporting icon is winning a strategic branding war in New Zealand. For the third time in four years, the High Court of New Zealand has overturned the decision of the Assistant Commissioner of IPONZ and acknowledged the breadth of Lacoste’s trade mark rights in …

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Productivity Commission releases roadmap for IP review and calls for submissions

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry). In a previous post, we outlined the scope of the Inquiry and the key areas of the IP regime which the Federal Government had directed the Commission to examine and report on by August 2016. The Issues Paper sets out …

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The Dancing Baby case: considering fair use before sending a copyright take-down notice – implications for Australia

There has been a lot of talk lately about the “Dancing Baby” lawsuit (a.k.a Lenz v Universal Music Corp). For those readers who haven’t heard of the case, the basic story will be relatively familiar: a video, uploaded to YouTube, was then removed pursuant what is known as a “DMCA takedown notice” following an allegation of copyright infringement raised by …

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(Street) Art Buff: More avenues for the protection of graffiti works

In a previous post (here), IP Whiteboard discussed the potential avenues that a street artist may have in protecting their work from defacement or removal by recourse to intellectual property rights. Although the City of Sydney is still yet to introduce its revised street art policy, we thought that last week’s judgment of the UK High Court in The Creative …

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You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys in Indonesia using his camera …

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