Archives for: ‘Media & entertainment’

Empire State (of mind) – noisy bars, brand shortening and obscured presentation – Mr Purvis QC speaks!

As you will know from previous posts (see here and here), when Appointed Persons speak, we listen! One of our favourites, it has to be said, is Mr Iain Purvis QC. He has a knack of getting straight to the point, with clear and memorable turns of phrase. Indeed one often finds oneself (if one is feeling particularly onesy) reading …

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Productivity Commission’s final report pulls no punches on patents

Yesterday the Productivity Commission published its final report on Australia’s IP system. Our high level summary of the Commission’s recommendations across all aspects of the IP system can be found here. The Commission sees the patent system as tipped in favour of patent owners and its recommendations are designed to restore balance. This post provides an outline of the key …

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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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WIN v Nine: Court of Appeal confirms Justice Hammerschlag’s decision

Prepared by:    Helena Kanton and Michael Swinson This month, the New South Wales Court of Appeal dismissed an appeal by regional TV broadcaster WIN against an earlier decision by the New South Wales Supreme Court that the Nine Network was not prohibited under an exclusive licence agreement with WIN from live streaming Nine’s TV programming over the internet in WIN’s …

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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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“Your word is your bond”: Is Trump’s plagiarism of Obama copyright infringement?

As the US presidential election continues, with it comes more copyright controversies. The latest scandal arose at the recent Republican National Convention when Melania Trump, potential new FLOTUS, took to the stage and wound up in a plagiarism pickle.

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Bieber Fever running high, “is it too late now to say I’m SORRY?” – allegations of copyright infringement against The Biebs (aka Justin Bieber)

Indie artist, Casey Dienel, who goes by the name of “White Hinterland”, is suing Justin Bieber and producer, Skrillex (as well as the other songwriters) for alleged copyright infringement in relation to Bieber’s hit and annoyingly catchy song “Sorry” (you know the song where The Biebs is singing about Selena Gomez – you can listen to it here). Dienel claims …

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Can I use a competitor’s name or trade marks for Google AdWords?

This question is often asked by companies considering ways to funnel internet traffic to their own website by diverting internet users seeking to access a competitor’s website. A single judge of the Federal Court has found that the use of a competitor’s trade mark as a keyword in Google AdWords is neither trade mark infringement nor likely to mislead or …

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Aristocrat v Global Gaming – it’s all fun and games until someone infringes a trade mark

The Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC marks the end* of a long-running dispute between the Aristocrat Technologies group and Global Gaming Supplies, Impact Gaming and Tonia Enterprises. *hopefully The Aristocrat group and its trade marks The Aristocrat group supplies gaming technologies and services to the international gaming industry. …

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