The elephant in the room – is there a tort of privacy in Australian law?

Because data is intangible and not protected by a single legal doctrine the law struggles to fashion appropriate remedies when data has been copied or ‘stolen’ in an unauthorised manner.  The High Court of Australia faced this issue in a hearing on 12 and 13 November 2019 involving a challenge to the validity of a search warrant - leading to the Court wondering whether the journalist was asking the Court to recognise a tort of invasion of privacy in Australian law. read more...
Subjects: Privacy

Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding read more...
Subjects: Trade marks

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Sorry – your name isn’t on the list! Canada’s Supreme Court orders Google to de-index certain unlawful websites globally

A decision in June by Canada’s Supreme Court in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 has ordered Google to de-list certain unlawful websites from its search results worldwide. The decision has sparked immediate debate about the implications of such global takedowns on freedom of speech and on the power of Internet intermediaries. read more...

My Copyright Rules: Seven cooked by Nine in legal pressure test

Are all reality TV cooking shows the same? Television networks Seven and Nine were recently embroiled in legal proceedings over whether Nine’s new show, The Hotplate, is a rip-off of My Kitchen Rules. The food fight started when Hotplate aired at the same time of Seven’s new show, Restaurant Revolution. When Seven’s offering received a read more...

Lies, damned lies and social media coverage of trade mark disputes – the TV programme previously known as “Glee”?

Remember when you could rely on social media for fair, unbiased and objective coverage of the news? Me neither. The facts did not get in the way of a good story when a virtual Twitter-storm erupted over the weekend around the tv show GLEE having to change its name in the UK. But is this read more...
Subjects: Trade marks

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