IPwars.com

Mainly intellectual property (IP) issues Down Under

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 things, have been.. 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 start worrying what.. 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: Graham Dent for.. 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 to compensate the.. 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 unilaterally or had.. Read More

“right of repair”

The JIPLP blog has a succinct online article, by Brian Whitehead and Richard Kempner, analysing Floyd J’s decision in Schütz (UK) Limited v Werit UK Limited, Protechna SA [2010] EWHC 660 on whether a defendant’s activities amounted to permissible repair or reconditioning of a patented product or infringement.

Substantial part of a video game

The UK Court of Criminal Appeal has dismissed an appeal against a criminal conviction for selling modchips to enable Sony Playstations, Nintendo and Microsoft to play counterfeit games. The 1709 [delete mouthfull of title] blog has a detailed report. Those of us living in the autochthonous realm hidden away in the summer sun may find some interest in the reasons why the playing of the (counterfeit) games would result in a reproduction of.. Read More

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 an action in.. Read More

Patenting software in the UK (Europe)

The UK Court of Appeal has apparently broadened the scope to patent computer software: Symbian Limited v. Comptroller General of Patents [2008] EWCA Civ 1066 Paul Cole guest posts at Patently-O. IPKat extensively here.