Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia
This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.
ISPs Ordered to Block Websites Selling Counterfeit Products
In a landmark decision, a judge of the High Court of Justice, England and Wales has ruled that internet service providers (ISPs) in the United Kingdom may be ordered to take all reasonable steps to prevent or restrict access to websites selling counterfeit goods.
The case was brought by luxury brand owner Compagnie Financiere Richemont SA (Richemont), which relevantly owns the Cartier and Montblanc brands and associated trade marks, against the five largest ISPs in the United Kingdom.
The film Dallas Buyers Club won critical acclaim and earned Matthew McConaughey and Jared Leto Academy Awards for Best Actor and Best Supporting Actor respectively. Now the rights holder of the film, Dallas Buyers Club LLC, is looking to pursue Australians who it believes have illegally downloaded the film.
The company has issued proceedings in the Federal Court of Australia against iiNet Limited and four other internet service providers, seeking orders to have them disclose the identities of the alleged pirates. iiNet has indicated that it will defend the action. Read More
The United States has given us the Scary Movie films, Meet the Spartans and Date Movie. Why has the United Kingdom not produced anything similar? Maybe it is because they were not the greatest of films, but more likely it is because, up until 1 October 2014, the United Kingdom did not have a parody exception to copyright infringement. The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force and state that “Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work”. Read More
Rachel ‘Champagne Jayne’ Powell’s passion for Champagne has helped her to become an award-winning wine expert, broadcaster, journalist and presenter. However, Ms. Powell’s ‘Champagne Jayne’ brand has put her at loggerheads with the trade organisation established to manage the common interests of the growers and the Champagne Houses behind the drink she loves so much. Read More
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