Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

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.

No damages for unjustified threats

Following on from the Full Court’s warnings in Australian Mud Company v Coretell, Dowsett J has now dismissed Morellini’s claim for damages for unjustified threats.

Henley Arch v Lucky Homes – part 2

Henley Arch v Lucky Homes: innocent infringement and the damages calculations

Selected links from last week

In case you missed the: A selection of links I found interesting last week

Winnebago the damages or a reasonable royalty Down Under

Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s

$150,001 damages for infringing compatibility chart

Tonnex was found to have infringed Dynamic’s copyright in its printer cartridge compatability chart. That finding was upheld on appeal. Now, Yates J has ordered Tonnex to pay Dynamic $150,001.00 in damages. The damages are comprised of compensatory damages under s115(2) of $1.00 and $150,000 by way of additional damages under s115(4).

Carving up an uncertified halal butcher

Perram J has awarded $10 nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.

Nappyland, Nappy Land and napplyland.com.au

A registered trade mark does not always trump passing off or a claim for contravention of the Australian Consumer Law.

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