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...

Trade mark infringement: a “Malishus” use in domain names

What if someone registers a domain name outside of Australia for their business, where the domain name corresponds to someone else’s registered trade mark in Australia?  Will this constitute an infringement even where the domain name in question is not specifically directed at Australia but is accessible in Australia? The recent decision in Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 found that this can still be a trade mark infringement and, in fact, can be considered “Malishus”. read more...
Subjects: Trade marks

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‘Dark Horse’ in the spotlight for music theft – copyright ready for a perfect storm, a perfect storm

A jury in California recently handed down a $US2.78 million verdict against Katy Perry and writers of the 2013 hit ‘Dark Horse’ for copying from a Christian rap song ‘Joyful Noise’. The decision follows a line of high-profile copyright infringement cases in the music industry in recent years, including the dispute involving ‘Blurred Lines’ where Robin Thicke and Pharrell Williams were found to have illegally copied from Marvin Gaye, and Sam Smith handing over 25% of royalties to settle an infringement claim over ‘Stay With Me’. An interesting issue raised in the ‘Dark Horse’ case was whether several million views on YouTube is sufficient to demonstrate access through widespread dissemination. read more...
Subjects: Copyright

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Trouble in paradise! The ‘Bula’ debate and the importance of cultural sensitivity in registering trade marks

The word ‘Bula’ translates to ‘life’. When used as a greeting by the people of Fiji, bula signifies wishes for longevity and good health.  ‘Bula’ is commonly heard in Fiji, and is usually coupled with the beaming smiles of friendly Fijian people.  However, there were less smiles in September last year when news spread that read more...
Subjects: Trade marks

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A very modest win: Generic Health gets 2% cut to Bayer’s $25 million damages

Last year, Bayer was awarded more than $25 million (plus interest and indemnity costs) against Generic Health in the first Federal Court award of damages for pharmaceutical patent infringement.  In the appeal by Generic Health, the Full Court of the Federal Court allowed Generic Health a 2% discount to the $25 million damages originally awarded. What made the FCFCA give Generic Health such a modest discount? read more...
Subjects: Patents

United States Court of Appeals upholds PTAB decision on CRISPR Patent Interference

The interference action between the University of California (UC) and Broad Institute (Broad) has seemingly come to an end, with the United States Court of Appeals for the Federal Circuit Court (CAFC) affirming that the patent claims that had been granted to Broad in relation to its CRISPR/Cas9 gene editing patents are separately patentable from the claims of a patent application made by UC. read more...
Subjects: Patents

“13 Reasons Why” to watch Article 13 – Copyright reform in the European Union

Last week, a plenary session of the European Parliament has voted to adopt changes to the Directive on Copyright in the Digital Single Market (or the Copyright Directive for short), that was first introduced by the European Parliament Committee on Legal Affairs on 20 June 2018. The Copyright Directive contains a number of sections that have been extremely polarising – critics argue that the Copyright Directive will encourage a form of censorship while supporters argue that the Copyright Directive will protect the works of artists and creators. One of the most contentious parts of the Copyright Directive is Article 13. read more...
Subjects: Copyright

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