Archives for: ‘Cate Nagy’

“I Am Australian”: Seeking compensation for Crown use of copyright

Known and loved by generations of Australians and often described as our unofficial national anthem, the iconic song I Am Australian now finds itself in the midst of a legal dispute in the Copyright Tribunal of Australia between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth government. The musical score was originally written by Woodley, and …

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Aereo fails to turn lemons into lemonade – TV retransmission service blocked by preliminary injunction

In June, the Supreme Court of the United States found that the Aereo TV service, which allowed subscribers to stream free-to-air television broadcasts over the internet, infringed copyright in television programs. Following the Supreme Court’s decision, Aereo has attempted unsuccessfully (in the words of Judge Nathan) “to turn lemons into lemonade” by using the Supreme Court’s characterisation of the Aereo …

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New rules for recording and broadcasting judgments in the NSW Supreme Court

In news that will be of particular interest to media organisations, the Supreme Court of NSW has introduced new rules that provide for judgment to be recorded and broadcast. Under the new rules (Part 9A of the Supreme Court Act 1970 and Part 13 of the Supreme Court Rules 1970), a person may apply to the Court for permission to …

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13 candy shapes you might find in your Halloween trick or treat bucket this year.  Can you guess them all?

Can you guess the candy brand from their shape?  We’re betting you can.  Behold the power of the “shape mark”.

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Did Led Zeppelin really climb the Stairway to Heaven? Or does the Spirit of the song lie elsewhere?

Led Zeppelin is not the author of “Rock’s greatest song” – alleges a law suit filed against iconic rock band Led Zeppelin. In May this year, the estate of Randy California who was a founding member of the eclectic rock band Spirit filed a quirky pleading (the typeface in the sections headings of the pleading mimicking that used for Led …

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Six lessons for #hashtags, social media campaigns and trade marks – #FreeCheeseFriday trade mark registered for UK social media campaign

By Anna Spies and Damien MacRae HURRAY! It’s #freecheesefriday! Follow & RT to WIN some of our delicious award-winning cheddar TODAY! pic.twitter.com/w1s2yhGtDC — Wyke Farms (@wykefarms) September 26, 2014 Everyone loves a good cheddar cheese. This is no less so in the UK, where over 25,000 people each month are entering the “Free Cheese Friday” competition, run by Wyke Farms, …

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Should we #RenameISIS? When trade marks attack

“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”?  Would they smell as sweet?  What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they were called “ISIS”? Unfortunately, this …

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IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition policy reform canvassed in the …

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Negotiating the perils and pitfalls of corporate social media: a lesson from Madden v Seafolly

Online social media is now widely acknowledged as the new frontier of corporate communications.  Indeed, nearly 80 per cent of large companies now use social media to connect with their customers.  Having an online presence has become effectively mandatory, but with that comes a range of risks, including in relation to potentially misleading or defamatory statements. The recent decision in …

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