Mallesons IP Whiteboard - Media

SOPA and PIPA - what is it and what does it all mean?

Mallesons IP Whiteboard — Fri, 20 Jan 2012 12:50:06 +1100

The online world is in a spin over new proposed legislation recently introduced in the US to target online copyright pirates. read more »

Damaging a reputation in 140 characters or less

Mallesons IP Whiteboard — Fri, 20 Jan 2012 10:06:39 +1100

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 »

Rumour has it … High Court goes for a broad construction of qualified privilege

Mallesons IP Whiteboard — Mon, 10 Oct 2011 12:07:09 +1000

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 »

Best Global Brands v Best Facebook Brands

Mallesons IP Whiteboard — Wed, 07 Sep 2011 16:51:52 +1000

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 »

Defa-haha-mation… is there any room for humour in the law of defamation?

Mallesons IP Whiteboard — Tue, 02 Aug 2011 14:55:56 +1000

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 »

Parody (In the Butt)

Mallesons IP Whiteboard — Fri, 29 Jul 2011 12:49:07 +1000

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 »

“Hi, my name is…Slim Shady” and your ringtone is a licence

Mallesons IP Whiteboard — Tue, 24 May 2011 13:09:47 +1000

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 »

Mallesons launches Facebook page for law students

Mallesons IP Whiteboard — Mon, 16 May 2011 15:05:51 +1000

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 »

Patent application to imprint images and messages on foods rejected by Patent Office

Mallesons IP Whiteboard — Wed, 27 Apr 2011 15:37:32 +1000

Proctor & Gamble’s attempt to patent a new marketing technique that would imprint food, such as potato chips, with images and messages has been rejected by the Patent Office because the alleged invention was not a manner of manufacture within the meaning of section 18(1)(a) of the Patents Act. read more »

Friday: the day after Thursday leads to copyright controversy

Mallesons IP Whiteboard — Wed, 27 Apr 2011 08:42:27 +1000

Rebecca Black is a 13 year old music prodigy from Orange County, California. Actually, that’s not entirely true. Rebecca Black is a young girl whose song titled "Friday" is testament to the power of social media and autotune. With over 100 million hits at the time of writing, the song describes the trials and tribulations faced by a typical 13 year old girl. She’s "gotta go downstairs, gotta have some cereal", and decide whether kickin’ in the front seat or sittin’ in the back seat is a better way to get to school. When the song culminates by prophetically stating that "Yesterday was Thursday, today it is Friday… tomorrow is Saturday, and Sunday comes afterwards", it sounds more like an educational Sesame Street song than a pop hit.

But it is not the lyrical genius of the song which has sparked recent controversy. read more »