Monthly Archive for: ‘May, 2012’

Get ready, the new National Business Names Register is coming. And this time, we’re serious.

We previously posted (many times) on the introduction and passage through the various houses of parliament (Read More

Super satisfactory settlement over sneaky Super Bowl yoghurt song

We previously posted on a dispute between Australian band John Butler Trio (‘JBT’) and US food giant Dannon.  In an ad for its Oikos Greek yoghurt, broadcast during the Super Bowl, Dannon used a song very similar to JBT’s 2004 ARIA Song of the Year, Zebra.  Yesterday, JBT announced in a Read More

Village People cop’s copyright win

As we posted on IP Whiteboard last year the original Policeman from the Village People, Victor Willis, was taking a stand in a Californian District Court to reclaim his copyright ownership in a number of the band’s songs. The decision was recently delivered in his favour.

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New momentum to ban gene patents

The debate on the patenting of genes has resurfaced with plans to introduce a new private members’ bill banning the patenting of genetic materials. Despite one of the purposes of the recently enacted Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) being to increase medical researchers’ access to patented genetic materials, some parliamentarians, in particular Labor back bencher Melissa Parke, consider that the Raising the Bar amendments do not go far enough.

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High Court refuses application for special leave to appeal Full Court finding that extended release venlafaxine patent invalid

On Friday, Justices Gummow, Hayne and Keiffel refused an application for Special Leave to appeal to the High Court a decision of the Full Court of the Federal Court which found that Wyeth’s patent relating to a method of treatment using an extended release formulation of the anti-depressant venlafaxine was invalid for lack of fair basis on the specification as filed, and on the ground that that the claims were not fairly based on an earlier US priority document.

King & Wood Mallesons acted for Alphapharm in opposing the application for special leave.


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Google and Mr Brainwash in a Purple Haze over Hendrix and Coltrane images

Google has been accused of copyright infringement for using photographs of Jimi Hendrix and John Coltrane in advertising its Google Music service.  The action has been brought in the United States District Court for the Central District of California by the estate of James “Jim” Marshall, a photographer renowned for his iconic photographs of popular musicians (not to be confused with the James “Jim” Marshall who founded Marshall Amplification – or, indeed, James “Jimi” Marshall Hendrix).

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Optus applies for special leave to appeal to the High Court in TV Now case

Optus has today filed an application for special leave to appeal to the High Court in relation to the Full Court of the Federal Court’s decision in National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59 (a copy of which can be found here).  In their decision, the Full Court overturned Rares J’s judgment at first instance and held that Optus’ “TV Now” service breached the copyright rights of the Australian Football League, National Rugby League and Telstra Corpo

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heArt Attack Grill – from Bourgeois to Burger, Dali to Deli meats

While watching a news report of last week’s unfortunate incident involving another patron collapsing at Heart Attack Grill (‘HAG’, which we blogged about here), we couldn’t help noticing background art wo

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Heart Attack Grill claims another patron, while trade mark dispute continues

We previously posted about a patron of Heart Attack Grill (‘HAG’) suffering a heart attack, and about HAG’s Read More