IPwars.com

Mainly intellectual property (IP) issues Down Under

Unregistered design or registered design – UK

Over at the IpKat, Darren Meale has an extensive post explaining some of the intricate differences that arise when litigating an UK unregistered design right versus a registered design right. As he explains: But UKUDR is quite powerful. As noted above, a designer can essentially make up what it says its rights are once it has seen an alleged infringement appear on the market, and it can lawfully do so.. Read More

100 blogs about IP

Feedspot has posted a listing of 100 IP blogs from around the world.

Cutting the costs of designs litigation

Justice Carr in the UK has weighed into case management of design infringement cases in a big way.

Court of Appeal orders ISPs to block access to trade mark infringing websites

The Court of Appeal has confirmed that the court’s general power to grant injunctions can be invoked by trade mark owners to get orders against ISPs to block internet access to website that have infringing content.

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.

Property in the proceeds of infringement

In a decision which no doubt has some further distance to run, Newey J (sitting in the Chancery Division of the High Court in England) has ruled that the owner of copyright does not have a proprietary interest in the proceeds (read profits) made by an infringer of the copyright. Harris et al. are alleged to be the person (or persons) behind the Newzbin file sharing sites which, amongst other.. Read More

A third case of extradition

The 1709 blog has a good summary of the arrest of Megaupload.com’s Kim “Dotcom” in New Zealand for allegedly copyrights in the USA. Case 1 (Hew Griffiths aka ‘bandido’) Case 2 (Richard O’Dwyer) Meanwhile, some controversy is brewing because the FBI has seized the domain name and apparently blocked any access to the site even by those who have stored material legitimately in the service. Does that mean we all need to.. 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

How much to pay for an infringement

Over at the Fortnightly Review, Ass. Pro. David Brennan takes issue with the economists who argued that Larrikin should not have been paid any damages for the Kookaburra infringements. The economists’ argument seems to have been that Larrikin didn’t lose any sales as a result of Men at Works’ infringements and so suffered no loss. Damages under s 115(2) of the Copyright Act are compensatory: that is, they are calculated.. Read More

iTunes Match and making Prof. Lessig’s case

Recap: Prof. Lessig’s argument. You will remember that Michael Speck from Music Industry Piracy Investigations was outraged by Apple’s pending iTunes Match service and, in particular, the part where the service would in your iCloud account copies of music on your hard drive which had not been bought through iTunes. At the time, it wasn’t clear (at least to me) whether Apple was going all gung-ho and just offering this.. Read More

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