IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

3 stripes v 4 stripes: the remedies

3 stripes v 4 stripes: the remedies – Robertson J has ordered a narrow injunction and reduced costs to 30% after finding 3 of 12 shoe styles infringed

Turns out, damages were payable after all

The Full Court has upheld Insight SRC’s appeal that it was entitled to compensatory damages under s 115(2) of the Copyright Act. When ACER committed the infringements by reproducing the SOHQ, Dr Hart, the owner of the copyright, exploited it through his Insight company as an informal licensee or licensee at will.[1] As is probably not uncommon with “family” companies, the terms of the licence were so unclear Besanko J.. Read More

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