IPwars.com

Mainly intellectual property (IP) issues Down Under

Viacom v YouTube: a decision

District Court Judge Stanton has granted YouTube summary judgment in Viacom’s action for copyright infringement. The judge’s opinion is here (pdf). Prof. Goldman provides an initial summary here. As Prof. Goldman notes, Viacom will presumably seek to appeal. Given the provenance of our own limited “safe harbours” in the US DMCA via the US Free Trade Agreement, nonetheless, the decision should repay consideration in the Australian context. On a general note, Judge Stanton.. Read More

More on new gTLDs

Further to yesterday’s post, ICANN has released: v4 of the draft Applicant’s Guidebook; and an Economic Framework for the Analysis of the Expansion of Generic Top-level Domain Names; and two “snapshots”. The materials are open for public comment until 21 July. Lid dip: Marty The Economic Framework and snapshots can be downloaded via here. Try not to be cynical: this is about giving people who missed out on registering their domain name in.. Read More

Australian government consults on new gTLDs

ICANN is considering introducing new gTLDs – the top level domains that come after the last “dot” in a domain name (e.g., .com, .au). The Australian government is now seeking your views on what it’s position should be. You can find out more, and the contact details, here (pdf). Marty Schwimmer looked at some of the issues for someone thinking of introducing their own .brand (via here). More ICANN resources via here. I.. Read More

Taking genuine steps to resolve before going to court -corrected

The Commonwealth Attorney-General introduced the Civil Dispute Resolution Bill 2010 into Parliament today which, if enacted, will require: applicants in civil proceedings in the Federal Court and the Federal Magistrates Court to file a genuine steps statement before the hearing date specified in the Application when the application is filed (thanks, Tim); respondents to file a genuine steps statement before the hearing date stating whether or not they agree with the applicants’ statements;.. Read More

Peer-to-patent Australia

Ben McEniery from QUT has kindly provided an update on the completion of the Peer-to-patent Australia pilot: The peer review phase of the inaugural Peer-to-Patent Australia pilot project is now complete. For those of you not familiar with the project, Peer-to-Patent Australia (www.peertopatent.org.au) is a web-based initiative aimed at supporting patent examination and improving the quality of issued patents in Australia. This is a joint project of the Queensland University of Technology (QUT).. Read More

2003 Designs Act appeal

The Full Federal Court (Emmett, Besanko and Jessup J) has dismissed Elecspess’ appeal from Gordon J’s ruling that it had infringed LED Technologies’ registered design for combination LED lights used as rear lights for trailers, trucks, buses, caravans and other vehicles. I think this is the first substantive decision by a Full Court on the new regime introduced by the Designs Act 2003. From a very quick skim, it seems that the approach.. Read More

The onus on appeal from a trade mark opposition

If there were any doubt about it, the Full Federal Court has confirmed that the person opposing the registration of a trade mark bears the onus of proving a successful ground of opposition on appeal to the Court. (As a side note, I think this is the new Chief Justice’s first IP decision, at least since joining this Court.) The Food Channel Pty Ltd (Channel) had applied to register TM 967804: in class.. Read More

Tobacco and trade marks seminars – the video

IPRIA held a public seminar on the Commonwealth Government’s proposals to ban the use of artwork and logos on cigaratte packaging. The video and Powerpoint packs are now online via here – Prof. Davison advises me that Videos 4 and 5 are the “legal” ones.

Ramifications of IceTV

Last February, Gordon J ruled that there was no copyright in White Pages subscriber listings and (perhaps more surprisingly) Yellow Pages listings. Now, Stone J has applied IceTV (here and here) to find that copyright did not subsist in medical records held by a range of general practitioners. Primary Health Care (PHC) is a publicly listed company that has been buying up medical practices. As part of the purchase, the medical practitioner contracted.. Read More

Served by Facebook 2 – updated with link

The press is reporting that a Federal Magistrate has allowed a child support application to be served on a “Mr Howard” by Facebook. Following service, “Mr Howard” shut down his Facebook and MySpace accounts. See the Age, Sydney Morning Herald. The reports say the judgment was published last month; but I haven’t found a link to it yet. Byrne & Howard [2010] FMCAfam 509 with thanks to David Starkoff (possibly better known as.. Read More