Mainly intellectual property (IP) issues Down Under

Google Books = fair use in USA

Just in time for the 2015 Copyright Symposium, the Second Circuit Court of Appeals has ruled that the Google Books Project is “fair use” of copyright and so not infringing. Judgment here (pdf). Opinion authored by Circuit Judge Leval. Eleanora of the IPkats first look here; Rebecca Tushnet focuses on the fourth factor discussion here. The “four factors” from §107 are: (1) the purpose and character of the use, including whether such.. Read More

What would Google do [1]

The Way of the Warrant: Google has published a video on how it deals with search warrants

Keywords – Marks & Spencer infringes INTERFLORA TM

Marks & Spencer has been found to have infringed Interflora’s trade mark in the UK by ‘buying’ ads triggered by Google searches for the keyword INTERFLORA.

Google not liable for sponsored links

The High Court has unanimously allowed Google’s appeal from the Full Federal Court’s ruling that Google was liable for misleading or deceptive statements in sponsored links. According to the Court’s summary (pdf): The High Court unanimously allowed the appeal. Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users of the Google search engine would have understood that the representations conveyed by the sponsored.. Read More

Google v ACCC

Following on from yesterday’s post, @davidstarkoff points out that: the transcript of the special leave application can be found here; and in due course, the submissions will appear here. The hearing of the appeal has been fixed for 11 September 2012.

ACCC v Google

Apparently, back on 25 June the High Court granted Google special leave to appeal from the Full Federal Court’s ruling that Google is liable for the misleading ads placed by advertisers. Maybe the internet will be able to keep working in Australia after all. Austlii is only up to 20 June, at the time of posting. Lid dip “Law Geek Down Under“

Does anyone think Google is advertising the sponsored links?

The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated was: Alpha Dog Training  DogTrainingAustralia.com.au All Breeds. We come to you. No dog that can’t.. Read More

Smartphone patent landscape

Dr Mark Summerfield has an interesting post demonstrating some work he and his colleagues have been doing modelling the ownership of patents in the smartphone space. In their mobile technology landscape, or themescape, they seek to demonstrate pictorially: Samsung appears to own key hardware patents; Microsoft seems to own most software patents; but Apple seems to have highly strategic patents. The themescape also seeks to demonstrate that Google was a.. Read More

Google’s keywords advertising

News just in: Google’s placement of advertisements, generated through its AdWords program, on search results pages is not misleading or deceptive conduct contrary to s 52 TPA / s 18 ACL (I’m afraid you have to scroll down).  However, the advertiser’s use of another trader’s name in the headline for an advertisement which had nothing to do with that trade was. So for example, the Trading Post used the AdWords program.. Read More

Convergence review

It’s never too late to discover a government inquiry (at least before the legislation comes through)! Back in December, the Minister for Broadband, Communications and the Digital Economy announced a Convergence Review. Media Release, draft Terms of Reference and “home page“. Given its departmental provenance and some of the discussion in the Background Paper, it might be thought the Review is mainly targeted at the Telco Act, the Radiocommunications Act.. Read More