IPwars.com

Mainly intellectual property (IP) issues Down Under

Third Party Blocking Injunctions Review

Government consultation of injunctions against ISPs to block access to infringing websites

Pokemon v Redbubble: the DMCA doesn’t apply Down Under

Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.

Not a Comedy of Error

Robertson J has overturned the Registrar’s decision to cancel a number of trade mark registrations for VOKES[1] as errors wrongly made in the Register and ruled they were properly registered in Laminar’s name.

Safe harbours to be Extended

The Government has introduced a Bill to extend the class of persons who can claim the benefits of the safe harbour provisions in the Copyright Act 1968 provided in sections 116AA to 116AJ.

Copyright And Computer Software

McDougall J has rejected EIFY’s claim to copyright infringement based on look and feel or structure and sequence

My Angel is a …*

Centrefold Entertainment’s registration of CENTREFOLD for adult entertainment services has been revoked as not capable of distinguishing

Primary Health Care

The Full Court has dismissed Primary Healthcare’s appeal from the decision rejecting its attempt to register “Primary Health Care” for medical services.

AIPPI Sydney

AIPPI Congress in Sydney

ALDI lookalike survives moroccanoil, but is not natural

Aldi’s Moroccan Argan Oil lookalikes don’t infringe MIL’s trade marks or pass off, but made misleading performance claims and to be natural

Government response to Productivity Commission IP report

The Commonwealth government has published its response to the Productivity Commission’s Final Report into Intellectual Property Arrangements

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