“On a practical level the lesson of this case may be there is a need for express arrangements” – Gummow J special leave hearing. The impact of the recent decision of the High Court of Australia to refuse the University of Western Australia’s application for special leave to appeal from the Full Federal Court’s decision …
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The High Court today refused the application by the University of Western Australia for special leave to appeal the decision of the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116. There is no further avenue of appeal. The University issued this statement today.
eBay has lodged a Federal Court appeal against a decision to allow registration of the trade mark UBAY in Australia. UBAY Pty Ltd applied for registration of the trade mark UBAY and two UBAY logo trade marks in 2007. The company sought a monopoly in the trade marks in connection with a range of services …
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The Intellectual Property Office of New Zealand (IPONZ) has recently issued three new Practice guidelines relating to: Correct classification of “leasing access time to computer databases” In line with best international practice, IPONZ had advised that they consider the service description “leasing access time to computer databases” most appropriately classified in class 38. Major Events …
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Larrikin Music’s claim of copyright infringement against EMI Songs, EMI Music and two former members of the band Men at Work has been successful in Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29. On 4 February 2010 the Federal Court ruled that copyright in the 1934 round “Kookaburra sits …
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Major film and television studios represented by the Australian Federation Against Copyright Theft (AFACT) have today lost their battle against the third largest internet service provider (ISP) in Australia, iiNet Limited. This case (Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24) considered whether the ISP authorised the infringement of copyright of …
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In a decision where a design registration for a mattress and base was found to be valid and infringed, the relevance of the statement of novelty included in the design registration was emphasised by the Court.
The decision of Ryan J in Wake Forest University Health Sciences v Smith & Nephew granting an interlocutory injunction to restrain infringement has been overturned on appeal in Smith & Nephew Pty Ltd v Wake Forest University Health Sciences [2009] FCAFC 142. The main issue on appeal was whether the alleged infringer had sufficiently demonstrated that the only claim …
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The New Zealand Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 has been reviewed by the Foreign Affairs, Defence and Trade Select Committee, which made a number of minor recommendations. If passed, the Bill will amend the Trade Marks Act 2002 and the Copyright Act 1994 to give effect to the Government’s decisions to ratify the Singapore Treaty and to accede …
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The Sydney Morning Herald has reported today that the case involving copyright ownership of the hit song Amazing has been dismissed by the Federal Court. Mark Edward O’Keefe was suing singer Alex Lloyd claiming he co-wrote the song with Lloyd on the back of some coasters in a Sydney hotel in 1991.
