Clive Cops $1M in Additional Damages for Copyright Infringement

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer (Palmer) for his copyright infringement of the 1985 Twisted Sister’s rock song “We’re Not Gonna Take It” (the Song) Justice Katzmann’s 533 paragraph judgment in Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 makes not read more...

“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

If you’ve spent any time on the internet over the past few months, chances are you’ll have seen a headline about the latest blockbuster sale of an NFT. Jack Dorsey (founder of Twitter) sells NFT of his first tweet for $2.9 million USD  Grimes (Canadian musician) releases NFT collection that sells out in 20 minutes read more...
Subjects: Technology

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Modern monarchy and the media: Duchess of Sussex wins historic privacy case against the British tabloids

In another reminder that being a princess isn’t all it’s cracked up be (after binge-watching the latest season of The Crown), Meghan Markle (a.k.a. The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH read more...
Subjects: Copyright

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Burger Case Bounces In-N-Out of Court in Meaty Appeal

Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full read more...

No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited

Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with. The iconic moment was seared into pop culture history as Mr Big bent down on one knee and placed the cobalt blue shoe on Carrie’s foot like a life-transforming glass slipper – read more...

AI and IP – A real conversation starter

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence (AI) and intellectual property (IP).  The UK Intellectual Property Office (UK IPO) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.  The consultation covers five read more...
Subjects: Technology

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

On 27 April 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in Georgia Et Al v Public Resource Org, Inc. We set out what happened, what the Supreme Court found, the implications of the decision and we look at whether a similar principle applies in Australia. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. read more...
Subjects: Copyright

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