Archives for: ‘Property, construction & infrastructure’

Threats Muddy Waters: unjustified threats of infringement in the Full Federal Court of Australia

A decision in March of the Full Federal Court in Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 concerning unjustified threats of infringement will have some lawyers as happy as pigs in mud. Dishing the Dirt Australian Mud Company Pty Ltd (AMC) is the owner of an innovation patent related to core sampling. In November 2006, it …

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Our top 5 Australian copyright developments in 2015

As 2016 begins, we take a look back at the key developments in copyright in 2015 in Australia.   It certainly has been a busy year, with amendments to the Copyright Act, the development of a Copyright Notice Scheme, and not to forget the Dallas Buyers Club litigation, the famous dead cat and houses with “French Provincial style with a Caribbean …

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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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The Moral Rights of Graffiti Artists

From the 2000 year old scribbles discovered in Pompeii (too rude to repeat on IP Whiteboard) to the ‘Darren woz here’ tagged on local bus stops, graffiti has long been considered a public nuisance, more vandalism than creative expression. Despite its ignoble history, in the past decade, graffiti has come to be considered a form of high art in itself …

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When is information about a residential property “personal information”?

Is information contained in a document about a residential property “personal information” about the owners or occupants of the property under NSW privacy legislation even if the document doesn’t directly identify the owners or occupants? This was the question that the Appeal Panel of the NSW Civil and Administrative Tribunal had to consider in Office of Finance and Services v …

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CANARY WHARF trade mark rejected for being 30 years too late! Protect your valuable property names as trade marks at conception

Branded real estate in the industrial, commercial and residential markets is big business. The brand adopted can influence perception and price. It is no surprise then that developers are increasingly taking steps to protect these brands by registering them as trade marks. We recently discussed some legal developments for these kinds of brands (including shopping centres) here. An even more …

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8 things you need to do now that Facebook has banned “like-gating”

“Like our page!” is a phrase you see a lot on Facebook.  But following a change to Facebook’s Platform Policy last week, you may not see it as much.  Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook.  Here are 8 things that all businesses on Facebook will want to think about now …

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Why you can’t keep a good patent down: steel-flex posts bounce back from patent revocation

Delnorth is an Australian company that designs and supplies road signs and road-side markers. The company claims that its flagship product, the “Steel-Flex” post, can withstand being run over from either direction, never dislodges from the ground and will return to an undamaged, perfectly vertical position if run over. Spruiked as ‘the most durable post available on the market’, it …

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The fine line between a franchise agreement and a trade mark licence

In a timely warning for IP lawyers to think beyond IP laws, the Full Federal Court has just confirmed that it doesn’t take much for a trade mark licence to also be a regulated “franchise agreement”. All you need is quality control, business plan/sales requirements, financial oversight and the potential to impose further policies and procedures.

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