Apple may be facing another dispute with the ACCC, after the US Department of Justice (DOJ) slapped Apple and five major book publishers with a law suit, alleging that they restrained competition in the sale of electronic books (e-books). The ACCC has reportedly commented that "retailers with concerns should raise them with the ACCC", but it remains to be seen whether similar legal action will be taken in Australia. read more »
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In the decision handed down on 4 April 2012 in ACCC v Google Inc [2012] FCAFC 49, the Full Federal Court of Australia (Keane CJ, Jacobson and Lander JJ) unanimously upheld the ACCC’s appeal against Google for misleading and deceptive conduct concerning the search engine’s manner of online advertising. The Full Court found that Google itself (as well as the relevant advertiser) had engaged in misleading and deceptive conduct. The finding is predicted to have wide-reaching implications for the search engine industry and online advertising in general, a sector over which Google has a far-reaching monopoly. read more »
In a landmark decision, the Federal Court of Australia has awarded Aboriginal activist artist, Richard Bell, damages of $147,000 against New York filmmaker Tanya Steele for unjustified threats. The case is significant because it is the first time damages have been awarded where a third party had content removed from the internet without legal justification. IP Whiteboard’s John Swinson acted for Mr Bell. You can read more about the decision here. read more »
The online world is in a spin over new proposed legislation recently introduced in the US to target online copyright pirates. read more »
The tort of defamation occurs when there has been publication of defamatory material that causes damage to someone’s reputation. More recently, defamation actions have been based upon comments made in emails. How does the law of defamation interact with 140 character tweets? read more »
On Monday the Prime Minister announced a cabinet reshuffle which will have some impact on the key IP portfolio, Innovation, Industry, Science and Research (as it is presently known), as well as the Health portfolio. read more »
As many of us know, deleting something from a phone, laptop or computer doesn’t mean it is actually “deleted.” This is because deleting a file (including a text message) is but the first step in permanently removing that file from any electronic device. It’s why you are readily able to restore your uni paper, Christmas card list, or uber-important work document (phew!) from the Recycle Bin on your desktop. read more »
The Full Bench of the Federal Court has unanimously agreed to overturn the interlocutory injunction preventing Samsung selling the Galaxy Tab 10.1 in Australia. The appeal was heard by Justices Dowsett, Foster, and Yates on 25 November 2011. Their decision overturns the interlocutory injunction granted by Justice Bennett on 13 October. read more »
Have you seen Steve Martin’s Tweets (@SteveMartinToGo)? They reflect his celebrated dry humour and, some say, bring comedy to a whole new genre (ie 140 characters or less). Certainly, his 1.8 million followers think he is onto something, and no doubt encouraged by this, Steve is soon to publish his tweets in a book. Meanwhile, Miss Universe India 2011, Vasuki Sunkavalli, has recently been found “twagiarising”: ie plagiarising someone else’s Twitter posts (see news report here).
These scenarios jointly raise important questions about the scope for copyright protection of tweets and twitter feeds. read more »
The Full Court of the Federal Court of Australia on Friday upheld a claim by Alphapharm (together with Sigma and Generic Health) that claims 1 to 17 and 27 of Wyeth's patent relating to venlafaxine, an anti-depressant used in the treatment of depression, are invalid.
Mallesons acted for Alphapharm in the proceeding.