Knowledge

09/03/16

Re-writing the cheques? Australian Writers’ Guild commences significant Federal Court action against Screenrights

On 3 March, the Australian Writers’ Guild filed an action in the Federal Court against Screenrights, seeking to recover tens of millions of dollars in royalty payments from the collecting society on behalf of its members. The AWG has also accused Screenrights of misleading and deceptive conduct by falsely claiming to represent scriptwriters. Screenrights is...

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“When my customer smiles at me…I go to Rio”: Ambush Marketing and the Rio Olympics

As Brazil prepares to host the 2016 Olympic and Paralympic Games in Rio de Janiero, the Brazilian Congress has been busy attempting to protect the valuable intellectual property surrounding the Rio Olympics by enacting specific legislation in an effort to curb ambush marketing attempts, and unlawful associations by brands, which inevitably occurs during large scale...

Trade marks never go out of style: the battle for ‘New York Fashion Week’

There has been an ongoing battle for the rights in the term ‘New York Fashion Week’ between Fashion Week, Inc (‘FWI’), a company that sells tickets to New York Fashion Week events, and the Council of Fashion Designers of America (‘CFDA’)– the industry’s major not for profit trade association with a membership of over 450...

UPDATE: Copyright dispute between Seven and Nine reaches mutually-agreed settlement

In a blog post last year we discussed The Seven Network’s (Seven) failed attempt to obtain an interlocutory injunction against The Nine Network (Nine), alleging that The Hotplate infringed Seven’s copyright in My Kitchen Rules. The crux of the dispute was the similarity in format, with Seven arguing that it owned the copyright separately in both...

Spotify fights back against copyright infringement class action!

On 12 February 2016, online music streaming service provider, Spotify, submitted two motions to stop a US$150 million class action lawsuit over copyright infringement fronted by Camper Van Beethoven and Cracker frontman David Lowery (‘Lowery’). Lowery filed his class action law suit against Spotify on 28 December 2015 where he accused the streaming service of...

The two-stripe dispute between Adidas and shoe branding finally comes to an end

After a long running battle between Belgian footwear company, Shoe Branding, and Adidas, the Court of Justice of the European Union (CJEU) finally sided with Adidas on 24 February 2016. Shoe Branding filed a Community trade mark application in 2009 in connection with footwear which featured similar stripes to that of Adidas’ famous two stripe branding....

She should be so lucky: Kylie Minogue opposes Kylie Jenner’s ‘Kylie’ US trademark application

In 2015, reality TV star Kylie Jenner filed a number of federal trademark applications in connection with both her first name and her full name with the U.S. Patent and Trademark Office (“USPTO”), largely seeking protection for the name in connection with advertising services. However on 22 February, KDB (an Australian-based business representing Minogue) filed...

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