Archives for: ‘Maurice Gonsalves’

The case for judicial humour: When wit and jocularity find their way into the courtroom

Addressing the National Judicial Orientation Programme in 1998, then Chief Justice Gleeson explained to the assembled audience that there are four key aspects of judicial status or performance – independence, impartiality, fairness and competence. One trait deliberately left off his Honour’s list was judicial humour. While Gleeson CJ cautioned the collected judges against displays of judicial wit, this advice has not …

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ATMOsphere – Trade Marks Office Decisions – May 2014

In January this year, we started a new series of posts from IP Whiteboard:  ATMOsphere, aiming to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions (see the January ATMOsphere post here and our March 2014 post here).  As explained there, our aim is both to provide a very high level summary …

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“Big data”, computerisation, IT assets and cybercrime: recent information technology developments

Have you ever wondered what “big data” analysis is, or how Australian privacy laws affect big data?  Have you ever thought about whether computerisation of a business method is patentable?  Are you curious as to the Australian cybercrime laws, or perhaps how to protect IT assets in the sale of your business? If the answer to any of these questions …

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15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. For more, see here.

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Pinterest and copyright: How to deal with copyright issues on this popular social networking site

Pinterest is the world’s third most popular social networking site. It designed to be a “virtual pinboard”, on which users “pin” images, videos, articles and websites, replacing the traditional pinboard or scrapbook. Users can share their pinboards or follow the boards of other Pinterest users. Every time an item is “pinned” to a board, a full-sized copy of that image …

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Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section 41 of the Trade Marks …

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IP Whiteboard editor published in Internet Law Bulletin: Recent legal developments involving Twitter

If you still think that Tweeting is something only birds do, it’s time to fly the coop. Launched in 2006, Twitter is an online social networking site that enables its 645 million registered users worldwide to send and receive 140 character “Tweets”. More than 5700 Tweets are sent every second and up to 75% of mainstream journalists now find stories …

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Taking down a take-down notice – when the allegedly infringing YouTube video was posted by a Harvard Law Professor

Professor Lawrence Lessig is a well-known Professor at Harvard Law School and a copyright reform activist. He is a founding board member of Creative Commons and the author of many publications (including “Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity”). Perhaps he is not the best person to pick a copyright …

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Pucker up for some trade mark action –“Kiss”-ing just got a whole lot more legal

It was news enough when high profile radio duo Kyle Sandilands and Jackie Henderson (known on air as “Jackie O”) moved to the Australian Radio Network’s (‘ARN’) Sydney Mix station late last year, with their new show commencing in January. Sydney Mix then decided to re-launch the station under the ‘Kiis’ FM brand (a station used in North America by …

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