Archives for: ‘Technology, media, entertainment & telecommincations’

HOUSE HUNTERS – favourable treatment of TV show titles at the EUIPO Board of Appeal level

Ahhhh, I love the smell of a freshly printed EUIPO absolute grounds case in the morning! Often the most interesting decisions are those relatively rare beasts in which the initial examination objection is overturned by the Board. In a recent decision, the 4th Board of Appeal had to consider the registrability of HOUSE HUNTERS in respect of class 41 services: …

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws against Redbubble Ltd (Redbubble), the …

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

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Sorry – your name isn’t on the list! Canada’s Supreme Court orders Google to de-index certain unlawful websites globally

A decision in June by Canada’s Supreme Court in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 has ordered Google to de-list certain unlawful websites from its search results worldwide. The decision has sparked immediate debate about the implications of such global takedowns on freedom of speech and on the power of Internet intermediaries. Background Equustek Solutions (Inc.) (Equustek), …

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Rock, racism and the Constitution: the US Supreme Court takes a different slant on trade marks

America! It’s a land of flags, Twinkies, NASCAR. and Constitutional amendments.  Matal v Tam (PDF) is the most recent warning not to get between an American and any of those things. The case concerned the application by a “new-wave dance rock” band to register their band name as a trade mark. Ordinarily, the US Patent and Trademark Office (PTO) would let …

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Blockchained to the rhythm: what are ‘distributed ledgers’ and could they help the music industry and copyright?

Forget Napster! One of the biggest problems in the music industry is the who, what, where, and why: which labels and publishers, performers, songwriters and producers own which rights and what split of royalties should be paid? Worse still: when are the songs being played, who by, and for what purpose? This occurs, in part, because of the labyrinthine distribution …

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Artifex Software v Hancom: Guidance from US District Court on enforcement of open source software licences

Open source software is regularly used as a way of leveraging the collective knowledge of the software development community by allowing anyone to improve and contribute to the code, provided they ‘pay it forward’ and allow their improved code to be used by the community. Open source software is often incorporated into proprietary software to avoid ‘reinventing the wheel’ – …

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Kick off! English Premier League kicks unauthorised live streaming as the UK High Court makes first “live” blocking order

Live streaming is a red-hot topic in the Australian IP sphere. In February this year, the streaming of Foxtel’s broadcast of the Mundine v Green fight kicked-off debate around sports rights, streaming and the role of social media as hosts. In the United Kingdom, the live streaming controversy extended beyond feisty Facebook comments when Arnold J made “live” blocking orders …

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‘Essential’ telecom patents: How to win FRANDs and influence people

The UK High Court’s 150+ page epic on fair, reasonable and non-discriminatory (FRAND) licence terms in Unwired Planet v Huawei has stirred up a lot of commentary in the tech nerd space and the international patent community (across which there is probably a fair bit of overlap). The decision goes some way to standardising the terms under which mobile phone …

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