Monthly Archive for: ‘February, 2010’

BREAKING NEWS: Appeal lodged in Men at Work “Down Under” decision

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.

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BREAKING NEWS: Appeal lodged in iiNet case

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.  

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To Drink or not to Drink?

The recent Australian Federal court case of Nutrientwater Pty Ltd v Baco Pty Ltd [2010] FCA 2 concerns competitors in the market for water beverages enhanced with nutrients and vitamins. The issue for the Court was 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.  

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From junkyard to goldmine? Aussie company asserts its rights to “junk DNA”

Australian biotech company Genetic Technologies (GTG) has commenced proceedings in the United States against nine other life sciences companies which it says are exploiting GTG’s patented non-coding (or “junk”) DNA technology without GTG’s permission.

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The horizon looks Gray for UWA

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

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A Seven Nation Army v US Air Force Reserve

Television advertisements during the Superbowl reach one of the largest audiences in the world, so it’s not surprising that they generate controversy.  Superbowl XLIV was no exception, as alternative rock duo, The White Stripes, threatened legal action over the backing track used in a recruitment commercial for the US Air Force Reserve.  The band claimed that without their permission, the “Grab Some Air” advertising campaign used an instrumental version of their song “Fell In Love With A Girl”, including the main riff from the song.

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Pow! Biff! Bam! Copyright dust-up over superhero rights

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).

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Infringement of copyright is not kara-OK

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. 

Top Plus Pty Ltd held an exclusive licence for the copyright in certain song films which were used (under a sub-licence) in K Square Pty Ltd’s karaoke lounge.

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Can Willy the Wizard pass the “Goblet of Fire” test?

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.  It is claimed that Willy the Wizard has been incorporated into Harry Potter and the Goblet of Fire.  Whilst proceedings were commenced last year against Ms Rowling’s publisher, Bloomsbury Publishing, Ms Rowling has only now been joined personally this week.

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