Archive for the 'IP' Category

Lion mauled by High Court of Australia

Monday, May 31st, 2010

31 May 2010 | by Nick Weston
Nick Weston, the principal of law firm and trade marks attorneys, Nicholas Weston, comments on this month’s High Court decision in which brewing giant Lion Nathan has been forced to change one of its trademarks.  
Read more in theNewLawyer and reproduced with permission.
See also: High Court’s media statement

Who Is Using Your Trade Mark In Google AdWords?

Wednesday, May 5th, 2010

A recent Federal Court case considered the legalities of a company using a trade mark owned by another party as a search term in its Google AdWords campaign.
Read more of the article by Jamie White, Partner of Edge Legal.
Reproduced with permission of Edge Legal in accordance with their terms of use.

HCA – trade marks & aggrieved person’s standing

Thursday, April 22nd, 2010

Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 (21 April 2010)
 
The issue in contention concerned the interpretation of the standing of an “aggrieved person” or “person aggrieved” in sections 88(1)  and 92(1) of the Trade Marks Act 1995 (Cth).
In allowing the appeal their Honours FRENCH CJ, GUMMOW, HEYDON AND BELL JJ, allowed a [...]

No copyright in White or Yellow Pages databases

Tuesday, February 16th, 2010

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44
Justice Gordon in applying IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; (2009) 254 ALR 386 has found that there is no copyright in the data contained in the White Pages or Yellow Pages directories.
The rationale for this is that they [...]

David Cormack, Barrister