Knowledge

29/03/16

Battle of the Giants – Oracle v Google

There have been some new developments in the long running stoush between Google and Oracle. Shortly after acquiring Sun Microsystems in 2010, Oracle sued Google for copyright infringement, accusing Google of copying the Java language APIs (or application programming interfaces) in its Android product. In 2015, Oracle successfully contended that software interfaces (the way software...

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The Apple v Samsung battle continues…

Naturally when Samsung was told it had to pay Apple $399 million in damages, being its entire profits no matter how little Apple’s patented design features contributed to the value of Samsung’s phone, it was outraged! Consequently Samsung filed a Writ of Certiorari in an attempt to have the US Supreme Court overturn the US...

Unfair Contract Law Soon to Protect Small Businesses

The law that protects consumers from unfair contract terms will be extended to cover small businesses from 12 November 2016. The Australian Competition and Consumer Commission (ACCC) and the Australian Securities Investment Commission (ASIC) delivered a webinar last week which discussed the changes for small businesses. Although the unfair contract law is regulated by ACCC...

Good Mornington Peninsula! The first Victorian provenance trade mark is registered

Producers on the Mornington Peninsula have successfully applied for a provenance trade mark, and are now armed with a new way to identify locally grown and produced food. Following the registration, food grown or produced entirely on the Peninsula can now be sold under its own brand. The trade mark was launched recently and 17...

Highly illogical? Star Trek vs its Trekkies

In December last year, CBS and Paramount filed proceedings against Axanar Productions, a company comprised of Star Trek fans that had managed to crowd fund hundreds of thousands of dollars to produce a feature length fanfic* called Axanar. Axanar brought a dismissal motion against the proceedings, claiming that there was not sufficient specificity as to...

When is a colour a shape? Louboutin poses curly questions to the Court of Justice for the EU

There is a new development in the long running litigation concerning Louboutin’s red sole trade mark. Stemming from an infringement matter brought by Louboutin against Van Haren Shoenen, a Dutch shoe retailer who sold heeled shoes with a red sole, Louboutin has now sought a preliminary ruling from the Court of Justice of the European...

Kapow! Court gives protection for the batmobile

On 7 March 2016, DC Comics (‘DC’) ended a long term battle with car designer Mark Towle (‘Towle’) in its fight to secure copyright protection of the Batmobile. The fight began in May 2011 when DC filed action against Towle alleging infringements of its trade mark, copyright and unfair competition claims amongst other things arising...

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