Archive | Copyright

Trademark Lawyer Sydney – Full Federal Court Appeal – Copyright in real estate photographs and floor plans

Hardingham v RP Data Pty Limited [2021] FCAFC 148 (18 August 2021) Successful appeal on the issue of copyright infringement. Background Hardingham initially made certain demands in April 2014, but did not commence proceedings until July 2018. Hardingham was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had […]

Trademark Lawyer Sydney – Federal Court – Copyright Infringement – tote bags

State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606 (6 November 2020) Unsuccessful action by State of Escape Accessories (SEA) alleging copyright infringement, misleading and deceptive conduct and passing off arising from the design, importation and sale by Ms Schwartz and her company, Chuchka Pty Ltd of 34 tote bags. Copyright SEA asserted […]

Trademark Lawyer Sydney – Federal Court – Copyright – Love is in the air

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020) The Applicants owned various copyright rights in the musical and literary works in the song “Love is in the Air” (Love) originally composed by Vanda and Young in 1977 and published the same year by J Albert & Sons Pty Ltd (Alberts). […]

Trademark Lawyer Sydney – Full Federal Court – Copyright Infringement – Kaden Boriss

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228 (13 December 2019) Unsuccessful appeal by Chhabra and Ramrakha against a judgement of the primary judge, Yates J rejecting their claim for copyright infringement. The appellants were partners in a Sydney law firm. In 2010, Chhabra was involved in the creation of […]

Trademark Lawyer Sydney-Federal Court-Copyright in real estate photographs and floorplans

Hardingham v RP Data Pty Limited [2019] FCA 2075 (9 December 2019) Unsuccessful copyright infringement claim by Hardingham. The applicant initially made certain demands in April 2014, but did not commence proceedings until July 2018. The applicant was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had been […]

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 […]