Back in July and September, we blogged on the controversy surrounding the practice of paying internet search engines for keywords to boost one company’s profile over another. A new instalment has since arisen in what will inevitably be a long running battle between search engine companies and their rivals. US law firm Habush Habush & Rottier has filed a law suit alleging that, by paying Google to link to the Cannon & Dunphy website when Google users search for the words ‘Habush’ and ‘Rottier’, Cannon & Dunphy have breached Wisconsin privacy laws.
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Virgin Enterprises (Richard Branson's Virgin parent company) has objected to Virgin Blue's application to broaden its use of the "V Australia" trade mark throughout Australia. The parties have been negotiating terms of the use of the "V Australia" brand. The dispute begs the question, why would Virgin Enterprises object to its subsidiary's use of the V brand - could Virgin Enterprises be planning to sell down its stake in the Australian local carrier? read more »
USA registered manufacturer of online real-time strategy game, Evony, has initiated proceedings against UK blogger Bruce Everiss for defamation in the Supreme Court of New South Wales, Sydney, Australia. There is no special connection between Evony or Bruce Everiss and Australia, so why litigate in Australia? read more »
Be careful what you write on Facebook! Adelaide teenager Christopher Cross has recently been convicted for criminal defamation after posting material about a local policeman on a Facebook site. read more »
From 1 December 2009, North America’s Federal Trade Commission wants bloggers, including Twitter users, to make it clear when they have received cash or products in exchange for writing positive reviews, endorsements and testimonials. read more »
IP Australia has announced a second round public consultation on IP rights reforms. The closing date for submissions is 12 February 2010.
Inspired by developments in the Google book digitisation project, the EU has recently announced initiatives that will further harmonise goals for rules related to book digitisation and access to IP for all EU citizens. read more »
In a win for funk and a loss for free barking, the singer George Clinton has won a copyright infringement claim and appeal in the US against Universal Music Group (“UMG”) over the use of Clinton’s lyrics “Bow wow wow, yippie yo, yippie yea” (known within “hip” judicial circles as the “Bow Wow Refrain”) in the song “D.O.G in Me” released by hip hop group Public Announcement in 1998 read more »
The Federal Government has announced that there will be no change to the current parallel importation provisions for books under the Copyright Act 1968 and has decided not to commit to a new spending program for Australian authors and publishers, as proposed by the Productivity Commission.
UPDATE: Mallesons Partner Natalie Hickey discusses the implications of the government's decision on Sky Business Channel's Law TV program here. read more »
Yesterday, the US Supreme Court heard oral arguments from both sides in Bilski v Kappos over whether American law should permit patents for business methods. Mallesons IP Whiteboard has closely followed the progress of Bernard Bilski and his fight with the US Patent and Trademark Office in relation to whether he is able to patent a business method for structuring transactions to protect against weather-related risk. read more »