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Mainly intellectual property (IP) issues Down Under

Merry Christmas!

Thank you for your time and comments and encouragement over the past year. I hope you have continued to find something of interest. IPwars is disappearing off into the summer sun like all be-gowned, if not be-wigged, creatures and should be returning in late January. Meanwhile, I wish you all a very Merry Christmas and all the best for the New Year!

similar to or capable of being confused with

Idameneo (No. 789) won its appeal from Symbion. The competing trade marks can be viewed here. The Full Court agreed with the trial judge that the contractual restraint against using: any Mark similar to or capable of being confused with any of the Trade Marks or which contain the words SYMBION imposed a different standard to the trade mark infringement test of substantial identity or deceptive similarity. However, the Full Court did not treat it.. Read More

ISP gets DMCA win in USA

The Ninth Circuit has affirmed the trial court’s summary dismissal of UMG copyright claims against Veoh on the basis of §512(c) – the ‘hosting’ safe harbour. UMG argued 3 reasons why §512(c) did not apply: First, UMG argues that the alleged infringingactivities do not fall within the plain meaning of “infringe-ment of copyright by reason of the storage [of material] at thedirection of a user,” a threshold requirement under§ 512(c)(1). Second, UMG argues.. Read More

ISPs and “3” strikes in Australia

On the eve of High Court hearings in Roadshow v iiNet (transcripts here, here and here), the 5 major ISPs in Australia (Telstra Bigpond, Optus, iiNet, iPrimus and Internode) released a proposal (pdf) for dealing with (illegal) file sharers and other online copyright infringers. Under s 116AG of the Copyright Act, the remedies against an ISP (which is a carriage service provider) for infringing materials transmitted over its network may be restricted to an.. Read More

Apple and Samsung in the High Court 3

As is well known by now, the High Court dismissed Apple’s application for special leave to appeal from the Full Federal Court’s dissolution of the interlocutory injunction against the Samsung Galaxy Tab 10.1. This means that Samsung can legitimately offer the Galaxy Tab 10.1 for sale in Australia pending trial and subject to an undertaking to keep full accounts. The transcript of the High Court hearing (French CJ, Gummow and Bell JJ) is.. Read More

ISPs and filtering

While we wait with bated breath for the High Court’s deliberations on Roadshow v iiNet (transcript of hearing here, here and here), it is worth noting that the CJEU (formerly the ECJ) has struck down an injunction against an ISP which required the ISP to monitor all its users’ traffic and filter (block) copyright infringing material. SABAM, the Belgian authors’ collecting society (counterpart to APRA) obtained an interlocutory injunction against Scarlet, an ISP… Read More

Apple v Samsung in the High Court 2

Apple’s application for special leave to appeal from the Full Federal Court’s decision to discharge the interlocutory injunction granted by Bennett J will be heard on Friday, 9 December 2011 in Sydney. In granting the stay on the Full Federal Court’s orders, Heydon J pointed out that the fact that 2 experienced patent judges had reached opposition conclusions, in circumstances which his Honour characterised as the appeal court not disturbing Bennett J’s findings.. Read More

Apple and Samsung in the High Court

The High Court has extended the stay on the Full Federal Court’s dissolution of the injunction against Samsung’s Galaxy Tab 10.1 for another 7 days.