5SOS, Hush Puppies, Cristal, CCs, Guru Denim and much much more – trade mark case law in Australia, New Zealand and the UK – 2015 highlights

Well, what a year it has been, with so much more in store for 2016. Here at IP Whiteboard we thought we would run a highlights reel of some key trade mark decisions reported on “arguably the world’s favourite IP blog” during 2015.

Haters Gonna Hate (hate, hate, hate, hate): Why are famous singers so often sued for copyright infringement?

Taylor Swift was sued by R&B singer Jesse Braham for US$42 million for alleged copyright infringement in the lyrics of her chart toppings song “Shake it Off”.   Two weeks later, the claim was dismissed. It seems that every famous singer these days has been sued for copyright infringement. Think Pharrell Williams, Beyonce, Jay Z, Sam read more…

Productivity Commission releases roadmap for IP review and calls for submissions

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry). In a previous post, we outlined the scope of the Inquiry and the key areas of the IP regime which the Federal Government had directed the Commission to examine and report on by August 2016. read more…

The Trans-Pacific Partnership’s IP provisions: Biologics and biosimilars, copyright and privacy

The Trans-Pacific Partnership (TPP) was concluded on 5 October 2015, after 8 years of negotiations. Its twelve signatories, who together account for 40% of world GDP, are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam. The details of the agreement have yet to be released, but a number read more…

The Dancing Baby case: considering fair use before sending a copyright take-down notice – implications for Australia

There has been a lot of talk lately about the “Dancing Baby” lawsuit (a.k.a Lenz v Universal Music Corp). For those readers who haven’t heard of the case, the basic story will be relatively familiar: a video, uploaded to YouTube, was then removed pursuant what is known as a “DMCA takedown notice” following an allegation read more…

You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys read more…

Would you pay for a meme? Getty claims copyright licence fees for Socially Awkward Penguin

Posting a cringeworthy meme can often cost you a few Facebook friends. But what if the next meme you post costs you almost $900? German blog Geeksisters found out the hard way when Getty Images asked them to pay €785.40 in back licensing fees for posting the famous Socially Awkward Penguin meme to their website. read more…