The Federal Court of Australia in Dallas Buyers Club LLC v iiNet Limited  FCA 317 recently granted an application for preliminary discovery made by companies associated with the film “Dallas Buyers Club”. The applicants were seeking the identity of a number of Australian Internet users who allegedly infringed copyright in the film by downloading and making it available for download on the Internet via the BitTorrent peer-to-peer file sharing protocol. [Read more…]
In Australia, the statutory scheme for the registration and protection of the rights of plant breeders is contained in the Plant Breeders Rights Act 1994 (Cth) (PBRA). The PBRA was introduced because Australia was a signatory to the International Convention for the Protection of New Varieties of Plants, in Geneva in 1978. The constitutional validity of the PBRA was considered in the case of Grain Pool of WA v The Commonwealth  HCA 14 (Grain Pool). [Read more…]
The Australian sellers of dancing poles Vertical Leisure Ltd and Dance4Me Pty Ltd (Vertical Leisure) have been awarded AU$394,800 in damages, after a competitor Skyrunner Pty Ltd (Skyrunner) sold of inferior copies of dancing poles using promotional materials of the brand “X-Pole”.
What is a trade mark?
A registered trade mark is a sign which helps distinguish a traders goods or services from other traders. A registered trade mark can help protect and distinguish a brand from other brands in the marketplace, thus becoming a vital component of any effective marketing strategy. In Australia trade mark registration is governed by the Trade Marks Act 1995 (Cth) (Act). [Read more…]
Last night’s Silicon Beach Startup Christmas party was perhaps the best function of the year! With a purported 280 attendees lending weight to the proposition that Brisbane is arguably Australia’s start-up capital.
The organising committee chose a great venue in the Exchange Hotel. Seeing the Dundas Lawyers brand the size of a theatre screen in the middle of the Brisbane CBD was a highlight! [Read more…]
We are often asked to advise whether an individual engaged by an organisation is an employee or contractor. The answer to this question can have profound implications for commercialisation of intellectual property.
The answer to this question is often not straightforward as the law needs to be examined in the context of all the facts. [Read more…]
Launching a new brand is a difficult job, regardless of whether you are at the coal face designing the actual logo or attempting to please various stakeholders including an omnipresent board of directors. Regardless of your taste and preferences for the look and feel of the artwork, there are various things that should be considered in the new millennium to protect all that hard work.