Earlier this month, the Supreme Court of Canada heard five copyright cases on appeal from Canada’s Copyright Board (the “Board”). The cases have far reaching implications for copyright owners and users alike. The legality of photocopying textbooks for school children and previewing songs on iTunes is at stake, as is the right of copyright owners to receive royalties for music downloaded by consumers as part of video games. read more »
Partner: 
On 24 October 2011, organisers from the unincorporated association "Occupy Wall Street" filed an application to trade mark their name with the U.S Patent and Trademark Office (“USPTO”). The movement is interested in protecting the phrase for merchandise such as bags, clothing, luggage and headwear, in newsletters and periodicals and on a website featuring educational materials related to the Occupy Wall Street movement including photographic, audio, video and prose presentations. read more »
Samsung is free to sell the Galaxy Tab 10.1 in Australia. The High Court has refused to grant Apple leave to appeal the decision of the Full Bench of the Federal Court, which removed an interlocutory injunction banning sales of the device in Australia. The transcript from the special leave application can be read here. 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 »
The United States Supreme Court has heard oral arguments in Golan, et al., v. Holder, et al. (docket no. 10-545), a case concerning whether the United States Congress had the requisite power to remove numerous foreign works from the public domain. read more »
Samsung and Apple are rather busy right now. You would be too, if you were filing, defending, and cross-claiming multiple patent infringement cases, involving your most important products in nine different countries, concurrently.
And in this Gladiatorial (winner takes all) arena, it may be easy to lose interest and become disheartened at the sight of all those lever-arch folders full of pleadings and patent diagrams.
But even the most jaded IP lawyer (and judge) must relish the task of testing the "Stanley-Kubrick-invented-it-first" defence.
Pardon?
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Last week, the clothing company, Mambo, agreed to cease opposition proceedings against Malcolm Mabo (the son of Eddie Mabo of Mabo v Queensland (No 2) (1992) 175 CLR 1).
Malcolm Mabo, a Palm Island artist, is planning to start a clothing company to promote authentic indigenous art and employment, under the brand, “Mabo”, and sought to trade mark the name. When Mambo found out, it instituted opposition proceedings, contending that the brands would be “deceptively similar”. read more »
The civil, genteel and room temperature world of English ale has been politely shaken to the core with claims of passing off, a tort most foul. At stake is that most sacred of English cows – ale – fought out between two bespoke breweries, the old fashion way - in the England and Wales High Court. 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 »