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Mainly intellectual property (IP) issues Down Under

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

Talk on keywords, adwords and trade marks

For anyone who may find some value in them, I have posted the slides from my IPSANZ talk ‘Of Keywords, Adwords and Trade Mark Infringers at Slideshare.

Who owns the news?

For those who didn’t make it to last week’s IPRIA / CMCL /MBS Cite seminar, the organisers have helpfully posted the videos and some of the slides. Of course, from a purely legalistic point of view, the copyright owner owns at least his/her/its “expression” of the news and, as the various attempts to set up pay-walls and the like expose, website owners can “block” Google/Bing’s spiders and linking if they.. Read More

Google’s sale of ‘trademarked’ keywords does not infringe in EU

The European Court of Justice has ruled that the sale of ‘trademarked’ terms by Google as keyword triggers of advertising: From IPKat reports. According to the IPKat, the rulings themselves: 1. Article 5(1)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks and Article 9(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community.. Read More

Selected microblog posts (w/e 11/09/09)

Selected microblog posts from the past week: RT @VogeleLaw: Found: Mary Beth Peter’s testimony (via @cathygellis – thanks!) http://bit.ly/Cijau #gbs_hearing [US Copyright Register opposes Google Book Settlement] Google Book in the EU? http://ff.im/-7OYfA RT @MegLG: A Billion Dollar Test of the DMCA Safe Harbors in Viacom v YouTube http://ow.ly/om66 via Cyberlaw Cases RT @michaelgeist: Microsoft wins stay of injunction on Word. Case arises from patent claim by Toronto’s i4i.http://bit.ly/oDmLU IP Think Tank Blog looks.. Read More

Selected microblog posts for week ending 21/8/09

RT @pofip: ACCC warns about questionable trade mark renewals http://bit.ly/4l8aO1 Our list is here:http://bit.ly/hnznh @nipper: Podcast debate on SCOTUS granting cert in Bilski (patent) case: http://bit.ly/1c4oaw wrothnie ACIP interim report on post grant patent enforcement strategies. Comments by 20 Sep 2009. 4 copy contact Jackie Carroll http://bit.ly/IoZcZ RT @TrademarkBlog: Link to text of Superman Decision: Creator’s Heirs Win Rights to Early Storieshttp://bit.ly/fTO00 wrothnie Seminar: 27 August 2009: Copyright Responsibility on the Internet – in Three.. Read More

AP charges for quotes

Another round in AP’s war on the internet: Associated Press would like to charge you for any extracts you take from its website. Starting price is US$12.50 for 5 – 25 words. For example. Apparently, it’s the (iCopy)right thing to do! I guess that means “they” think that now you can pay for the “service” easily it won’t be fair use (USA only) or fair dealing. Lid dip: priorsmart

Google and facilitating or authorising

DesignTechnica operates bulletin boards. The plaintiff alleged that some postings on the bulletin boards defamed it. In addition to suing DesignTechnica, the plaintiff sued Google for libel by reproducing snippets of the (allegedly) defamatory material in search results. Eady J, sitting in the Queen’s Bench Division,  dismissed the plaintiff’s claims against Google on the grounds that Google did not publish the material. The case obviously turns on the requirements for.. Read More

What the EU Commissioner said on the Internet and Downloading

Commissioner Reding, the EU’s Commissioner for information society and media, has attracted a degree of attention planning an overhaul of internet downloading rules. Her comments were part of a wide ranging speech on what the EU is doing and will be doing about broadband, access and …. So, what did she actually say? After identifying access to digital content as the first of 4 priority issues, Ms Reding said: 1… Read More

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