Archives for: ‘Maurice Gonsalves’

The case for judicial humour: When wit and jocularity find their way into the courtroom

Addressing the National Judicial Orientation Programme in 1998, then Chief Justice Gleeson explained to the assembled audience that there are four key aspects of judicial status or performance – independence, impartiality, fairness and competence. One trait deliberately left off his Honour’s list was judicial humour. While Gleeson CJ cautioned the collected judges against displays of judicial wit, this advice has not …

Read More

15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. For more, see here.

Read More

Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section 41 of the Trade Marks …

Read More

IP Whiteboard editor published in Internet Law Bulletin: Recent legal developments involving Twitter

If you still think that Tweeting is something only birds do, it’s time to fly the coop. Launched in 2006, Twitter is an online social networking site that enables its 645 million registered users worldwide to send and receive 140 character “Tweets”. More than 5700 Tweets are sent every second and up to 75% of mainstream journalists now find stories …

Read More

Pucker up for some trade mark action –“Kiss”-ing just got a whole lot more legal

It was news enough when high profile radio duo Kyle Sandilands and Jackie Henderson (known on air as “Jackie O”) moved to the Australian Radio Network’s (‘ARN’) Sydney Mix station late last year, with their new show commencing in January. Sydney Mix then decided to re-launch the station under the ‘Kiis’ FM brand (a station used in North America by …

Read More
Subjects:

Court finds Optus misled consumers on network coverage

If you heard the following sentence in an advertisement, what would you think it means? “When it comes to the percentage of Australians the Optus mobile network reaches, there isn’t much difference between us and Telstra. In fact, it’s less than 1%.” What about if, as the voiceover was playing, the advertisement moved through images that showed a map of …

Read More

US Net Neutrality Overturned: the recent Court of Appeals decision and what it means for Australia

The United States Court of Appeals for the District of Colombia Circuit (“Court of Appeals”) ruled on Tuesday 14 January 2013 that the US Federal Communications Commission (“FCC”) rules on net neutrality are invalid.  The decision has again stirred the debate as to whether Australia should regulate for net neutrality. Net neutrality Net neutrality is the term commonly given to …

Read More
Subjects:

LMFAO may be shufflin’ to court for copyright infringement: sorry for party rocking?

Hustlin’ hip hop rapper Rick Ross, together with music producers “The Runners” are suing shufflin’ electropop rappers LMFAO, Kobalt Music Publishing and Kia Motors America for copyright infringement over 2011 chart topping hit “Party Rock Anthem” from LMFAO’s album “Sorry for Party Rocking”.     The Complaint, filed by William L. Roberts, II (aka Rick Ross) and Andrew Harr and Jermaine …

Read More
Subjects:

Safari Snorkel mark distinctive overall – but is it a pyrrhic victory?

Ironman 4×4 Pty Ltd v Australian Performance Development Pty Ltd [2013] ATMO 107 (23 December 2013) In a case involving the rarefied world of air rams and air intake snorkels for vehicles, an opposition against the composite mark below (featuring the words SAFARI SNORKEL) has failed. The grounds pressed before Hearing Officer Jock McDonagh were lack of distinctiveness (s41) and …

Read More
Subjects:

Page 1 of 1012345»...Last »