In May 2013, Catchoftheday.com.au Pty Ltd applied to register the following marks:
Target Australia Pty Ltd (Target), a well known Australian retailer, opposed registration of the marks. It argued that under section 42(b) of the Trade Marks Act 1995 (Cth), use of the Trade Marks would be contrary to law.
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
In July 2013, the Hong Kong Government commenced a three month public consultation on three options to deal with parody under Hong Kong copyright law. One of the options was the introduction of a fair dealing exception for parody under Hong Kong copyright law, where the “distribution and communication of parody will not attract any civil or criminal liability if the qualifying conditions for exception are met.” Read More
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