In news just in, EMI has lodged an appeal against Justice Jacobson's decision that Men at Work's "Down Under" infringed Larrikin Music's copyright in "Kookaburra sits in the Old Gum Tree". See our earlier posts here, here and here.
The Australian Federation Against Copyright Theft (AFACT) has filed a Notice of Appeal in the Federal Court today, appealing against the decision of Justice Cowdroy in the case of Roadshow Films & Others and iiNet. The judgment, which was handed down on 4 February 2010, determined that internet service providers are not liable for the copyright infringement of their users or subscribers when they download cinematograph films, using the BitTorrent file sharing platform, in a manner that infringes copyright.
Watch this space for updates on the grounds of appeal filed by AFACT.
See our original post here and Mallesons Alert here.
The recent Australian Federal court case of Nutrientwater Pty Ltd v Baco Pty Ltd [2010] FCA 2 concerned competitors in the market for water beverages enhanced with nutrients and vitamins. It specifically looks at whether Baco’s adoption of similar get-up for its enhanced water product range compared to Nutrientwater’s range was passing off or misleading and deceptive conduct under the Trade Practices Act. read more »
Australian biotech company Genetic Technologies (GTG) has commenced proceedings in the United States against nine other life sciences companies who it says are exploiting GTG’s patented non-coding (or “junk”) DNA technology without GTG’s permission. read more »
On 12 February we reported that UWA had failed in its application for special leave to appeal the Full Federal Court’s decision in University of Western Australia v Gray [2009] FCAFC 116. The High Court’s refusal to hear an appeal means that the Full Federal Court’s decision (that Dr Gray owns the IP in cancer-fighting microspheres developed over a period which spanned his employment by UWA) stands. read more »
A recent US Air Force Reserve commercial aired during Superbowl XLIV created controversy after claims that the score infringed the White Stripe's copyright in the riff from "Fell In Love With A Girl".
read more »
Residents of Metropolis take note… your illustrious superhero is the subject of an American copyright dispute on course for the federal court in ‘downtown’ Manhattan. Even Superman may be powerless to stop this battle, which has broken out between comic book publisher, Marvel Entertainment LLC, and the heirs of Jack Kirby (long-time Marvel artist and responsible for creating many superhero favourites). read more »
A Sydney karaoke lounge is singing the blues after Federal Magistrate Raphael ordered on 11 February 2010 that it pay additional damages for infringing copyright in certain song films. read more »
The Adventures of Willy the Wizard No 1: Livid Land, is apparently a small book, under 40 pages long. The author, Adrian Jacobs, is long deceased. This has not deterred his estate from suing JK Rowling for copyright infringement in the United Kingdom. read more »
An Australian man faces financial ruin after illegally copying and uploading a much-anticipated video game before its official release. read more »