IPwars.com

Mainly intellectual property (IP) issues Down Under

Damages for breach of franchise agreement

Howard’s Storage World (HSW) granted Haviv a franchise to operate an Howard’s Storage World retail outlet at Burwood in Sydney. The terms of the franchise included a grant of an exclusive territory for a radius of 5km. Subsequently, HSW granted someone else an franchise to operate an Howard’s Storage World franchise at a new shopping centre at Rhodes, approximately 4,840m from Haviv’s Burwood store. The breach of the contractual exclusivity promise was.. Read More

Sex, videotapes and damages

The “IP issue” arose amid a number of claims arising from the breakdown of a defacto relationship. Ms Giller came from Russia in 1990 and shortly after commenced living with Mr Procopets. Together, they had twins, but the relationship was very rocky to say the least.  Neave JA explained the circumstances giving rise to this part of Ms Giller’s claim: 358 … Ms Giller obtained an interim intervention order against Mr Procopets on.. Read More

Cartels

How to organise a cartel or what the damages might be (apart from the penalties/fines) when if you get found out: John Asker ‘A Study of the Internal Organisation of a Bidding Cartel’ (pdf). Warning: lots of economist-ese and formulas. Lid-dip Prof. Joshua Gans.

Review cases handed down

On Friday, Kenny J handed down the 2nd and 3rd substantive design cases under the new Act: in Review v Redberry [2008] FCA 1588, her Honour found the design valid but not infringed; in Review v New Cover [20089] FCA 1589; valid and infringed including $85,000 damages (of which $50,000 were for additional damages). The judgments will no doubt be up on Austlii soon but, until then, students can download pdfs from.. Read More

the value of copyright: determining shadow prices

Ass. Prof. David Brennan and Dr Rhonda Smith will talk for IPRIA about how to determine a fair price for using IP where the IP owner can’t demonstrate any real harm. I think a situation like this is where an infringer makes sales of the infringing product, but the IP owner wouldn’t have made those sales and so didn’t “lose” anything. The talk if at Blake Dawson in the city.. Read More

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