Archive | Copyright

Trademark Lawyer – Federal Court – Lumen trailer wiring harnesses

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807 (22 November 2018) Successful actions by Lumen including for copyright and trade mark infringement. Lumen supplied trailer wiring harnesses to Frontline for many years. Frontline then sought alternative suppliers and, without the knowledge of Lumen, provided these alternative suppliers (the other respondents to […]

Trademark Lawyer – Federal Circuit Court – Briner v Happy Herb – Copyright

Briner v The Happy Herb Company & Ors [2017] FCCA 1854 (11 September 2017) This is another case about a business using a copyright image on its website and involved similar issues to the Tylor v Sevin case reported here . Businesses do need to be aware of, and take responsibility for, copyright considerations when using […]

Trademark Lawyers Australia – Federal Court – Dallas Buyers Club

Dallas Buyers Club LLC v iiNet Limited (No 4) [2015] FCA 838 (14 August 2015) This is part of the ongoing efforts by Dallas Buyers Club (DBC) to obtain access to details of account holders who had been illegally sharing its film over the BitTorrent network. Perram J had previously allowed this subject to being […]

Trademark Lawyers Australia – Federal Circuit Court – Monte

Monte v Fairfax Media Publications Pty Ltd [2015] FCCA 1633 (7 August 2015) Fairfax was ordered to pay $10,001 as damages for breach of copyright in publishing a photograph of Ms Sharon Sargeant, the partner of Mr George Monte who owned copyright in the photograph published as part of a story critical of Mr Monte. […]

the hotplate court case

Trademark Lawyers Australia – Federal Court – Hotplate

Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800 (6 August 2015) The Seven Network failed in its attempt to restrain the broadcast by the Nine Network of the reality television cooking program called The Hotplate first broadcast on 28 July 2015. Nicholas J declined to grant an interlocutory injunction and the […]

Trademark Lawyers Australia – Full Federal Court – Tamawood

Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2015] FCAFC 65 (18 May 2015) This was an appeal from a judgment of Collier J finding Habitare, its architects and builder had infringed Tamawood’s copyright in plans for certain project homes. Tamawood had prepared plans for Habitare to use for the […]

Trademark Lawyers Australia – Full Federal Court – Madden v Seafolly

Madden v Seafolly Pty Ltd [2014] FCAFC 30 (24 March 2014) This case reinforces the need to take time to properly ascertain the facts before publishing an allegation and to not over react when responding to such an allegation. The swimwear designer, Leah Madden, had wrongly asserted in September 2010 that Seafolly had copied her […]

Trademark Lawyers Australia – Federal Circuit Court – Tylor

Tylor v Sevin [2014] FCCA 445 (26 February 2014) This is a timely reminder of the risks in not properly sourcing photographic content for use on websites. Ms Sevin uploaded a photograph taken by Mr Tylor for use on her travel agency business to promote Hawaii as a destination. She did not obtain a licence […]

Trademark Lawyer Australia- Managing website content

How effectively do you manage content on your web site? Your web site is the public face and front door to your business, but do you have procedures in place to check for compliance with copyright and trade mark issues? Individual elements of a web site typically involve copyright material. Copyright may reside in most […]