Archives for: ‘John Swinson’

First P2P file-sharing jury trial in the US: Damages of US$220,000 reinstated

Since our post on Ms Thomas-Rasset’s case back in 2009 (Capitol Records Inc v Thomas-Rasset) here, the amount in damages that she has been ordered to pay to the major music labels for copyright infringement has changed several times.  In the first instance she had been ordered to pay USD$220,000 but the verdict was annulled and a retrial was ordered on the basis the jury had been given faulty instructions.

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John Swinson talks to BRR Media about Facebook marketing

Earlier this month we posted about a decision of the Advertising Standards Board which declared that a Facebook page may be considered a ‘marketing communication tool’ when used by an advertiser.  As a result, all content on these sites, including user generated content, must be in compliance with the Advertiser Code of Ethics. 

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Liability for User Generated Content on Facebook

The Advertising Standards Board (ASB) has decided in a recent case involving Smirnoff Vodka that a Facebook page may be considered a ‘marketing communication tool’ when used by an advertiser.  As a consequence, companies that use social media to promote their products are responsible for ensuring that all content on these sites is in compliance with the Advertiser Code of Ethics, including content uploaded by other users.

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Domain Names: how close does the connection need to be?

In Loans and Debt Assistance Incorporated v .auDA*, the Supreme Court of New South Wales dismissed the Registrants’ request for an injunction to restrain the .au Domain Administration (auDA), from deleting 42 domain names registered in the Registrants’ names on the ground that the domain names were not closely or substantially connected to the Registrants.

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Trade Mark Protection Endorsed For Apartment Manager

Can a business obtain the registration of a trade mark for services where the mark concerned is also the name of the building from which the services are supplied?  This was the central issue for determination in a recent Federal Court decision involving the well-known Q1 building on the Gold Coast.

On 19 July 2012, Justice Reeves decided that this was no reason to prevent Mantra from obtaining a trade mark registration for “Q1” for the hotel and real estate services provided by it from the Q1 building.

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Reveal Day

Last night, ICANN posted all applications for the new global Top Level Domains (gTLD) and who has applied for them.  Amazon made over 70 applications for words in English and Google made approximately 100 applications.  Interestingly,  Facebook did not make any applications.  In total, approximately 1900 applications were made.

You can read more about Reveal Day in our alert here.

 

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Update: High Court unanimously dismisses appeal in Roadshow Films v iiNet

As reported earlier today, the High Court unanimously dismissed the appeal brought by Roadshow Films Pty Ltd and a number of other film and television companies from a decision of the Full Federal Court in Roadshow Films Pty Ltd & Ors v iiNet Limited [2012] HCA 16. 

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Breaking News: High Court confirms iiNet is not liable for peer-to-peer file sharing

Today, the High Court held that iiNet was not liable for copyright infringement by its users or subscribers when they downloaded unauthorised copies of cinematographic films, in the case of Roadshow Films Pty Ltd & Others v iiNet Limited.  This decision affirms the results of the decisions of the Federal Court and Full Federal Court.

Stay tuned for further updates on the reasons for the decision. 

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Status update: Facebook defriends Yahoo, countersues for patent infringement

Remember last month’s post about Yahoo suing Facebook for infringement of 10 of its patents?  It hasn’t taken Facebook long to strike back.  Last week, the social networking giant brought a counterclaim in the US District Court in San Francisco in which it denies Yahoo’s claims and accuses Yahoo of violating 10 of its patents, including patents for displaying advertising, privacy and photo sharing.

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