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Article
No safe harbour: Online platforms face choppy waters when it comes to copyright infringement
Article considers the outcome of two recent copyright infringement cases brought against an Australian online marketplace. .
AustraliaIntellectual Property
Norton Rose Fulbright Australia
Article
Of Malt Balls and Maltesers Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174
Mars Australia has not succeeded in its efforts to restrain the sale of a range of "Malt Balls" products sold through various discount stores, including Target and Kmart. In June 2009, Perram J dismissed Mars’ claims of registered trade mark infringement, passing off and contravention of ss 52 and 53 of the Trade Practices Act 1974 (Cth) made against Sweet Rewards Pty Ltd. In a judgment handed down shortly before the Christmas/New Year break, a Full Court of the Federal Court (Emmett, Bennett an
AustraliaIntellectual Property

Norton Rose Fulbright Australia

TV Now, copyright later: why the Federal Court found for Optus

Optus' TV Now service did not infringe copyright in the broadcasts of the games in the ways the rightholders alleged.

AustraliaIntellectual Property

How to avoid copyright infringement on Instagram

You must understand how Instagram treats different copyright issues that arise from posting your content on the platform.

AustraliaMedia, Telecoms, IT, Entertainment

Sound-alikes: How Close To The Sun Can You Fly Following The Kookaburra Case?

Can you use two bars of music without permission? While the question may seem straightforward, the answer following the Federal Court’s decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 ("Kookaburra Case") is not.

AustraliaMedia, Telecoms, IT, Entertainment

Who owns images on social media?

Most social media platforms say that users retain rights to their posts, but they can use the images at will without paying.

AustraliaMedia, Telecoms, IT, Entertainment

Stacks Law Firm

How To Identify Intellectual Property

Ascertaining the existence of intellectual property (IP) has become increasingly relevant for many businesses today in light of the concessions and allowances available.

Additional damages for flagrant unjustified threats of IP infringement – the art of finesse

Courts are able to penalise businesses who unjustifiably threaten another business with legal action for IP infringement.

AustraliaIntellectual Property

Bartier Perry Solicitors

Can a company use a trade mark as parody or satire?

Organisations should consider protections under the Copyright Act and Trade Mark Act and the limitations of each.

AustraliaIntellectual Property

Holding Redlich

Copyright in Databases – No Copyright in White and Yellow Pages

There has for a long time been a fierce debate as to whether databases should be protected by copyright. Developers of databases argue that protection is required to encourage them to invest.

AustraliaIntellectual Property

Footy wars continue: Optus win in copyright case reversed by full Federal Court

We take a look at the key questions on appeal in the Optus case and implications for content providers.

AustraliaIntellectual Property

Swaab Attorneys

Government proposes copyright law reforms to improve access

These copyright law reforms aim to better support the needs of Australians and public institutions in this digital world.

AustraliaIntellectual Property

Coleman Greig Lawyers

iiNet faces High Court showdown

The iiNet copyright case is off to the High Court.

AustraliaIntellectual Property

IP management plan - who needs one?

The Australian Government Intellectual Property Manual will assist government agencies to plan for and manage IP assets.

AustraliaIntellectual Property

Norton Rose Fulbright Australia

Is fair use coming to Australian copyright law?

Australia's copyright laws could include the adoption of a US-style fair use exemption, if ALRC proposals are adopted.

AustraliaIntellectual Property

Is the personal image of a celebrity protected in Australia?

Media outlets and advertisers are under increasing scrutiny over the unauthorised use of the public image of celebrities.

AustraliaIntellectual Property

Holding Redlich

Issues of IP Ownership in University Collaborations

Universities are centres of research and education. However, changes to government funding attitudes has meant that they must also encourage a culture of commercialisation. As a result, universities must now juggle their commitments to students and staff as well as their duties to commercial partners.

AustraliaIntellectual Property

Making Headlines: Fairfax Loses Copyright Battle

The Federal Court of Australia has decided that newspaper headlines are not protected by copyright.

AustraliaIntellectual Property

Plans and Drawings, Copyright and Implied Licences

If you are commissioned to create copyright material, even in the absence of a contract, it is assumed that there is an implied licence given to the person who commissioned the material to use it for the purposes made known at the time it was commissioned. Copyright remains with the person who created it, in the absence of a written assignment, signed by the creator.

AustraliaIntellectual Property

Protecting yourself against imports that infringe your trade marks or copyright

Holders of copyright and trade marks can obtain more information about importers and distributors of counterfeit goods.

AustraliaIntellectual Property

Colin Biggers & Paisley

Showing 421–440 of 670 results

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