Author Archive for: ‘embathurs’

Did Led Zeppelin really climb the Stairway to Heaven? Or does the Spirit of the song lie elsewhere?

Led Zeppelin is not the author of “Rock’s greatest song” – alleges a law suit filed against iconic rock band Led Zeppelin. In May this year, the estate of Randy California who was a founding member of the eclectic rock band Spirit filed a quirky pleading (the typeface in the sections headings of the pleading mimicking that used for Led …

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Media Watchdog not an arbitrator of criminal guilt, says Full Federal Court

In its recent decision of Today FM (Sydney) Pty Limited v Australian Communications and Media Authority [2014] FCAFC 22, the Full Federal Court has held that the investigative and determinative powers of the Australian Communications and Media Authority (“ACMA”) do not extend to making a finding that a broadcasting licensee, or any other person, has committed a criminal offence. The …

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High Court bundles up TPG with a $2 million penalty for misleading advertising

The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers.  The lesson for advertisers is to ensure that the dominant or headline …

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Google takes consumer watchdog to High Court over misleading AdWords

The High Court has granted Google special leave to appeal a unanimous Full Federal Court decision which found that Google had engaged in misleading and deceptive conduct concerning “sponsored links” or “AdWords” that appeared on the search engine.

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New momentum to ban gene patents

The debate on the patenting of genes has resurfaced with plans to introduce a new private members’ bill banning the patenting of genetic materials. Despite one of the purposes of the recently enacted Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) being to increase medical researchers’ access to patented genetic materials, some parliamentarians, in particular Labor back bencher Melissa Parke, consider that the Raising the Bar amendments do not go far enough.

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Google uttered bAdWords – says Full Federal Court

In the decision handed down on 4 April 2012 in ACCC v Google Inc [2012] FCAFC 49, the Full Federal Court of Australia (Keane CJ, Jacobson and Lander JJ) unanimously upheld the ACCC’s appeal against Google for misleading and deceptive conduct concerning the search engine’s manner of online advertising. The Full Court found that Google itself (as well as the relevant advertiser) had engaged in misleading and deceptive conduct.

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Tribunal grants stay of decision to cancel ARTG registrations for prescription pain killers

The Administrative Appeals Tribunal (“the Tribunal”) has granted Aspen Pharmacare Australia Pty Limited (“Aspen”) a stay of a decision of the Thereapeutic Goods Administration (subsequently affirmed by the Minister for Health and Ageing) to cancel from the Australian Register of Therapeutic Goods two prescription pain killers – Di-Gesic and Doloxene.  Aspen was required to move swiftly in seeking the interim relief from the Tribunal as the Minister’s decision (made on 23 January 2012) proposed to cancel the products as at 1 March 2012.  Aspen applied for a st

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Patent over plum in a pickle

The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world.  The latest plug is in favour of the Kakadu plum, native to Australia.  The Texan cosmetics company, Mary Kay Inc, claims that the combination of extracts from the Kakadu plum and the acai berry produce “synergistic effects” that benefit the skin, due primarily to the high concentration of vitamin C in the plum extract.

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Vulgarians are consumers too, says Federal Court

In the recent decision of Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177, Justice Perram has held that the advertising and marketing for Optus’ broadband plans known as the “Think Bigger Plans” seriously misrepresented to broadband consumers that they would receive a certain amount of broadband for a specific price when in fact this was far from the case.  The Think Bigger advertisements (flyers, billboards, television commercials and internet promotions) concerned the use of a variety of animals, including a “moose with

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