It seems that originality continues to be an issue for boy bands. “Well-known” UK teen heartthrobs One Direction may have taken a step in the wrong direction as media reports emerged concerning the filing of a lawsuit in the Californian US District Court alleging trade mark infringement and seeking an injunction preventing them from using that name. The suit was filed by none other than One Direction, a US group with the same name, which they allege they have been using since late 2009. read more »
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An interesting legal stoush has caught our eye this week, between Saul Zaentz Company (SZC) which owns the worldwide film, stage and merchandising rights to The Lord of the Rings trilogy and The Hobbit, and the owners of a theme pub called The Hobbit, located in Southampton, England. 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 »
In recent years, the High Court has had several opportunities to consider the defence of qualified privilege in defamation law. Both Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366 and Aktas v Westpac Banking Corporation (2010) 241 CLR 79 dealt with the requirement of "reciprocity" of duty or interest in the defence. Cush v Dillon; Boland v Dillon (2011) 85 ALJR 865 has provided the Court with the opportunity to consider another issue raised in Bashford – the scope of the defence of qualified privilege – in a unique situation. read more »
With thanks to @IPKat for the tip-off, we’ve been comparing Interbrand’s “Best Global Brands 2010” with Socialbakers' top 50 Facebook-indexed brands. read more »
The recent case of Cornes v The Ten Group & Ors [2011] SASC 104 has put into question where humour fits within our society. The judgment indicates that the Court is prepared to intervene where a joke goes too far. read more »
On 13 July, the alleged copyright infringement against Viacom for stealing the YouTube video “What What (In the Butt)” was dismissed, with a United States federal judge affirming the “fair use” justification. In November 2010, Brownmark Films (the producer of the video) sued Viacom and Comedy Central for copyright infringement over a South Park episode (the 171st episode to be exact) entitled “Canada on Strike” which aired in 2008. read more »
Should the downloading of an album be treated the same as if you walk into a music store and purchase the same album on CD? The answer is important if you are a record company who has backed the best kind of horse - an as yet unknown artist who is going to sell a lot of records - because you want to cast your net as broadly as possible. Enter Mr Marshall B. Mathers... read more »
We know there are a lot of law students and graduates who read IP Whiteboard, so we thought we'd let you know that Mallesons has launched its first Facebook page for graduate careers at Mallesons! read more »