IPwars.com

Mainly intellectual property (IP) issues Down Under

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: did not “pass off”[2] REA Group’s logos: Nor did they infringe REA Group’s registered trade.. Read More

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.

The Canadian copyright ‘pentalogy’

Last year, the Supreme Court of Canada handed down 5 decisions on the same day relating to fair dealing and other issues arising from digital transmission of copyright material. In a number of respects, its decisions are directly opposite to conclusions that have been reached by our High Court (one example – but it appeared to turn on different statutory language). In others, such as the ‘digital taxi’ theory, the.. Read More

Simulcasting radio broadcasts over the internet

Foster J has ruled that radio stations do not have to pay an additional licence fee to the record companies for simultaneously transmitting their radio broadcasts over the internet. If you want to understand how recorded music is licensed to the radio stations, this is a good place to start. The broadcasting of recorded music over the “airways” by the commercial radio stations is covered by licence agreements with PPCA… Read More

Extraditing (alleged) copyright criminals

The internet is all a twitter over the prospect that a 23 year old British subject, Richard O’Dwyer, may be extradited from the UK to the USA to face criminal charges for copyright infringement. Well guess what, it has happened before albeit from this far away destination. Mr Griffiths has apparently served his time (in both Australia and the USA) and had this to say to an enterprising journalist. Lid dip:.. Read More

ISPs and filtering

While we wait with bated breath for the High Court’s deliberations on Roadshow v iiNet (transcript of hearing here, here and here), it is worth noting that the CJEU (formerly the ECJ) has struck down an injunction against an ISP which required the ISP to monitor all its users’ traffic and filter (block) copyright infringing material. SABAM, the Belgian authors’ collecting society (counterpart to APRA) obtained an interlocutory injunction against.. Read More

What happens on the Internet in 60 secs

70+ domain names registered 13,000+ iPhone apps downloaded 600+ new videos uploaded to YouTube … See the Infographic via Peter Black

Lessig at e-G8 or Le civilised Internet vs gales of creative destruction

While we’re having our dark mutterings about what might be in a “Convergence Review“, the Leaders of the Free World (or at least the Western Hemisphere) meeting at Deauville have declared: 5. We discussed new issues such as the Internet which are essential to our societies, economies and growth. For citizens, the Internet is a unique information and education tool, and thus helps to promote freedom, democracy and human rights… Read More

Affinage and A.S.P. 2

For completeness, I should note that IHC UK has appealed Logan J’s decision earlier this month finding that it infringed IHC Australia’s registered trade mark for AFFINAGE. Summary here. Interestingly, Logan J has granted a stay of his order to remove all references to A.S.P. from IHC UK’s Web site at www.affinage.com. You will recall that IHC UK owns AFFINAGE outside Australia and had adopted A.S.P. at least partly to deal.. Read More

Using a sign on the internet

Logan J has granted injunctions against International Hair Care UK’s  use of AFFINAGE (and other trade marks) on its global website for (in effect) infringing International Hair Care Australia’s trade marks registered in Australia. The facts throw up the interesting question of what happens when 2 different people own the same trade mark in different countries and try to use it on the internet. Facts IHC UK is the owner.. Read More