Intellectual Property & eCommerce
FocusPapers in the area of Intellectual Property & eCommerce.
Group buying deals so hot they can burn: is there value in advertising your business on a group buying site?
23 December 2011
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
" Australian group buying sites have an estimated collective value of $400 million, and together publish 4000 deals daily, with each deal emailed into thousands of Australian inboxes. " This segment of the e-commerce sector is experiencing rapid growth in Australia, estimated to be at 72% each quarter; and its collective worth grew from $73 million in the first quarter of 2011 to $123 million by June
Online Trade Mark Infringement - International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 - Use of a trade mark - whether trade marks displayed on a UK website constitute use in Australia
4 October 2011
Author: Martin O'Connor, Partner and Cate Sendall, Senior Associate
Practice area: Intellectual Property & eCommerce
In International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (IHC Case), Justice Logan of the Federal Court held that the use of an Australian registered trade mark on the website www.affinage.com which was operated by a United Kingdom-based business, constituted use of the trade mark in Australia.
Going private: Government releases Invasion of Privacy Issues Paper.
27 September 2011
Author: Justine Munsie, Partner and Richard Keegan, Senior Associate
Practice area: Intellectual Property & eCommerce
On Friday, 23 September 2011 the Department of the Prime Minister and Cabinet (PMC) released an Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy (Issues Paper), inviting submissions to assist the Commonwealth Government for its pending consideration of whether a statutory cause of action, that is, a right to sue, for breach of privacy should be introduced in Australia.
.xxx Sunrise Period Begins: How to Prevent Others from Registering YourBrand.xxx
8 September 2011
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The "sunrise period", the first registration period of the .xxx domain name creation process, has begun.
English Court of Appeal the Sub Editor's Friend - A Finding in favour of copyright in newspaper headlines
25 August 2011
Author: Justine Munsie, Partner
Practice area: Intellectual Property & eCommerce
The recent decision of the English Court of Appeal in Meltwater Holdings BV & Ors v Newspaper Licensing Agency & Ors [2011] EWCA Civ 890 indicates a more generous attitude by the British Courts towards the authors of newspaper headlines than has recently been the case in Australia. Those who do business in the UK should be aware of the divergence between the UK and Australian positions. In particular, when making use of parts of copyright works, such as headlines and other similar title information available on the Internet, clients should have regard to the fact that the UK courts will more readily find that copyright subsists in those short and simple works than would the courts in Australia.
Rights and Reputation in Product Look and Feel - Full Federal Court Finds that the sale of similar looking coffee plungers is misleading and deceptive and constitutes passing off
25 August 2011
Author: Justine Munsie, Partner
Practice areas: Intellectual Property & eCommerce and Marketing & Advertising
Owners of distinctive and well known homewares and similar products can take great comfort from this month's Full Federal Court decision in Bodum v DKSH Australia Pty Limited [2011] FCAFC 98. In a case concerning the Danish design company, Bodum's flagship Chambord coffee plunger (pic below), the majority of the court confirmed that the look and feel or "get up" of such a consumer product can attain sufficient reputation, independent of its brand name and packaging, such that the sale of look-a-like or copycat products will amount to misleading and deceptive conduct or passing off unless the copies are clearly labelled so as to distinguish themselves clearly to prospective consumers.
Australia - Privacy Reform - Cookies - Behavioural Advertising - Do-Not-Track - How might these reforms affect your Company's website?
15 July 2011
Author: Jamie Nettleton, Partner and Cate Sendall, Senior Associate
Practice area: Intellectual Property & eCommerce
Earlier this year, the Senate Standing Committee on Environment, Communications and the Arts (Senate Committee) released its report "The adequacy of protections for the privacy of Australians online" (the Report). In the Report, the Senate Committee makes a number of recommendations.
Sales and Marketing Law - Australia - Tricks of the Trade Practices Act*
14 January 2011
Author: Martin O'Connor, Partner and Hayden Martin, Senior Associate
Practice area: Intellectual Property & eCommerce
Two decisions of the Federal Court of Australia provide recent examples of busines conduct that may contravene provisions of the Trade Practices Act and highlight for businesses certain activities which should be avoided.
New Generic Top Level Domain Names Update: With Icann's Colombia Meeting Underway, Some Important Decisions Are About To Be Made On The Timing Of The New Gtld Program
10 December 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
ICANN's Board is currently meeting in Cartagena, Columbia, where it expects it will determine the final version of the gTLD Applicant Guidebook, and set the formal timeline for the commencement of the gTLD program. Before these announcements are made, it is timely to note the material changes to the Guidebook between the last version (the fourth draft) and the current Proposed Applicant Guidebook. In this paper we explore the key changes relevant to companies and organisations interested in applying for and operating their own gTLD, and companies and organisations wishing to implement strategies to protect their trade marks and brands now and when the new program commences.
Domain Name System Revolution Part 2: Internationalised Domain Names country code - Top Level Domains
24 November 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The implementation of Internationalised Domain Name country code Top level Domains which commenced this year is the second tranche of the revolutionary changes currently being made to the domain name system. The first tranche was covered in our FocusPaper "Domain Name System Revolution Part 1: Generic Top level Domain Names" published 1 November 2010.
Domain Name System Revolution Part 1: Generic Top Level Domain Names
1 November 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
As detailed in our previous FocusPapers, extensive changes to the domain name system are on the horizon. Held to be the biggest change to domain names since the emergence of the Internet, the introduction of new generic Top Level Domain Names will enable companies and organisations to apply for and operate their own personalised domain space. Companies and organisations need to prepare now and decide if they want to pro-actively participate in the new domain space by applying for a new gTLD. Those who decide not to do so need to understand the possible risks posed to their brands and businesses by the gTLD program, and need to put in place new strategies to protect against their brand, trade marks and other important terms being used by others. Recent developments in the proposed application process and ICANN's new announcement that the final Applicant Guidebook will be released in approximately one week's time make this FocusPaper timely.
Update - Australia's Mandatory Internet Filter
15 July 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
On 9 July 2010, the Government announced that its controversial mandatory Internet filter would be deferred for at least 12 months while a review of Australia's Refused Classification standard was conducted.
Strata-Titled Properties - When Use of a Building Name Can Infringe Registered Trade Marks - The Mantra Decision
3 May 2010
Author: Martin O'Connor, Partner
Practice area: Intellectual Property & eCommerce
The 26 March 2010 decision of the Federal Court of Australia in Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291 (Mantra Case) demonstrates the importance of property developers and managers having registered trade marks. The Mantra Case is also important for brand owners in general, as it demonstrates the circumstances in which a domain name registration incorporating a trade mark can constitute trade mark infringement.
Sound-alikes: How close to the sun can you fly following the Kookaburra Case?
30 April 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Intellectual Property & eCommerce
Can you use two bars of music without permission? While the question may seem straight-forward, the answer following the Federal Court's decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 ("Kookaburra Case") is not. Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recognisable melodies. It invokes various emotions of heroism, adventure and exciting galactic voyages. Indeed, the use of it would most likely constitute an infringement of copyright law. However, if you slightly tweak this piece of music, does it still infringe copyright? If not, how far do you need to tweak it until you are safe?
The New Resale Royalty for Artists - Recent Steps Toward the Implementation and Administration of the Resale Royalty Scheme for Visual Artists Set to Commence on 9 June 2010
22 April 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
From 9 June 2010, Australia will have in place a Resale Royalty Scheme for Visual Artists pursuant to the provisions of the recently enacted Resale Royalty Right for Visual Artists Act 2009 (Cth).