Monthly Archive for: ‘December, 2008’

Clothing cases reveal the limits to design protection

Three recent cases instituted by Review (an Australian clothing designer and retailer) against alleged infringers of its registered dress designs have shown how difficult it can be to deter would-be infringers.  Although in each of the three cases (Review Australia Pty Ltd v Innovative Lifestyle Investments [2008] FCA 74; Review 2 Pty Ltd v Redbury Enterprise Pty Ltd [2008] FCA 1588; and Read More

“Share the Summer” – Coke’s challenge to traditional wisdom

Have you seen Coca-Cola’s “Share the Summer” campaign?  The billboard advertisements omit any reference to the name “Coke” or “Coca-Cola”.  Instead, consumers are invited to recognise the brand from the red background and the slogan “Share the Summer” featured in curly white script (also see  Clearly Coke thinks this form of advertising works.  It did something similar in 2007 with its “Enjoy Summer” advertising.  In this respect, Coke is challenging the traditional wisdom that, in all advertising, ‘the name

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“Monster” – New direction on advertising evidence from the Federal Court?

Over recent years, some members of the Federal Court have been sceptical about advertising evidence.  In Cadbury v Darrell Lea,  Heerey J made it clear that expert marketing evidence could prove an expensive waste of time.  In his view, judges were well placed to determine themselves the brand impact of different types of packaging and marketing.  Heerey J was not alone in this view, although the Full Court did overturn his decision to exclude expert evidence from the case.  Now, the “Monster” case shows that the debate continues, but is perhaps trending towards an accept

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Adequacy of reasons

The duty of a trial judge to give adequate reasons was at the heart of a recent appeal before the Full Federal Court brought by Carlisle Homes Pty Ltd.  Carlisle, who we are acting for, was sued by Barrett Property Group Pty Ltd (Porter Davis Homes) for allegedly infringing copyright in Barrett  plans such as “the Seattle”.  Barrett has sued several industry players for infringing copyright in the ‘al fresco quadrant’ component of this plan (an open plan area plus courtyard under a single roofline).  Carlisle lost at first instance and appealed the decision.

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Fast Track Federal Court

Over the past two years, the Federal Court of Australia has implemented extensive procedural reforms to streamline court procedure and thereby reduce cost and delay for litigants. 

The Victorian fast track list caters for a range of proceedings including those arising out of or relating to commercial transactions, construction of commercial documents, and most cases involving IP rights.  Sixty-five cases have been filed in the list since its inception in 2007, just over a third of which have been IP matters. 

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Ice TV

Mallesons’ Melbourne Intellectual Property team recently acted for Telstra in its successful application to intervene in the High Court appeal between Channel 9 and Ice TV. As an articled clerk in the Intellectual Property team, I attended court (sitting in Canberra) and assisted with Telstra’s preparation (for all the fun and excitement that was had, click here and here.

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