Bennett J has dismissed the Bavarian Beer (trade) association’s opposition to the Dutch company, Bavaria NV’s application to register the Bavarian Beer trade mark. (The application is in black and white) Her Honour found: 182 In summary: The trade mark is inherently adapted to distinguish Bavaria NV’s goods from those of other traders and does so distinguish. If the trade mark were only inherently adapted to distinguish Bavaria NV’s goods to some extent,.. Read More
The Attorney General opened the Copyright Futures conference in Canberra yesterday. As part of his speech he mentioned that last week he held a roundtable forum with ‘about 30 of the key representative groups’. Wonder what that was about? According to the Attorney-General, some of the emerging themes were: whether the Government would benefit from an independent source of advice in addition to my Department, especially for technology and competition issues access to.. Read More
The Annual Meeting of the American Economics Association tries to work out how Google works or how AdWords changed the world: here A tidbit: During the question-and-answer period, a man wearing a camel-colored corduroy blazer raises his hand. “Let me understand this,” he begins, half skeptical, half unsure. “You say that an auction happens every time a search takes place? That would mean millions of times a day!” Varian smiles. “Millions,” he says,.. Read More
Some headlines are reporting that L’Oreal lost its trade mark infringement action in the UK against eBay. For example: here, here and here. The basic facts were that L’Oreal was suing eBay for trade mark infringement as a result of hosting auctions in which vendors were alleged to be selling counterfeit L’Oreal products. It seems that most of the vendors turned out to be selling parallel imports – imported from outside the European.. Read More
Logan J expresses the view, which in the end wasn’t necessary for his decision, that the instantaneous communication rule applies when considering when and where the acceptance of an offer by email occurs. That is, his Honour would employ an analogy to telexes – the place where the message is received; not the postal rule the time and place where the letter was posted. 25. Flottweg’s acceptance was communicated by email to Olivaylle.. Read More
If you have to send a take down notice to someone under the DMCA, send it to them and not their parent: Prof. Goldman here; Plagiarism Today here. Under our legislation, the notice must be sent to the carriage service provider’s “designated representative” (Reg. 20D) and the carriage service provider must publish a notice on its website prominently identifying the designated representative, and their contact details, to whom such notices should be sent:.. Read More
Wolfram Alpha, a new search engine that attempts to answer questions, not “just” provide a list of potentially relevant websites. According to the website: You enter your question or calculation, and Wolfram|Alpha uses its built-in algorithms and growing collection of data to compute the answer. Perhaps rather more sexily, ask it what the answer to life, the universe and everything? The Daily Telegraph has a video. Lid dip, Joshua Gans (try his other examples).
Ernie the Attorney posts an interesting review of “Free the Market” by Gary L. Reback, apparently the principal Government lawyer behind the Justice Department’s anti-trust law suit against Microsoft. The key question posed by the book is this: do we need better government regulation of the tech sector? Also: is the current state of technology development such that we need to re-examine how we use antitrust law to regulate it? These are important questions, and.. Read More
IPRIA (Ass. Prof. Beth Webster and Kimberlee Weatherall) is holding a lunch time seminar reporting on the results of their survey of patent infringement in Australia: in Melbourne on 9 June 2009; and in Brisbane on 10 June, at the Blake Dawson offices in those cities. According to the blurb: One of the great unknowns of patent policy is how much infringement actually goes on, and how much of that infringement leads to enforcement of.. Read More
Nic Suzor discusses the threat of an $11,000 a day fine if the EFA did not remove a link on its website to gruesome pictures of aborted foetuses i.e. R+ rated content and possible freedom of speech issues under the Constitution and the BSA: read here.