The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer (Palmer) for his copyright infringement of the 1985 Twisted Sister’s rock song “We’re Not Gonna Take It” (the Song) Justice Katzmann’s 533 paragraph judgment in Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 makes not only for an entertaining read but demonstrates that Courts will not tolerate those who disregard the regime of copyright protection established under the Copyright Act 1968 (Cth) (the Act). Background: Behind the UAP campaign The impetus for this case was the ..read more

If you’ve spent any time on the internet over the past few months, chances are you’ll have seen a headline about the latest blockbuster sale of an NFT. Jack Dorsey (founder of Twitter) sells NFT of his first tweet for $2.9 million USD  Grimes (Canadian musician) releases NFT collection that sells out in 20 minutes for $6 million USD Beeple (American digital artist) sells NFT of one of his works for $69 million USD But what are NFTs?  And what role does intellectual property (IP) play in their creation and sale?  We’re glad you asked. What are NFTs? NFT stands for non-fungible ..read more

In another reminder that being a princess isn’t all it’s cracked up be (after binge-watching the latest season of The Crown), Meghan Markle (a.k.a. The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch)). The case raises some interesting questions about the boundaries for media and tabloid outlets reporting on the most private aspects of royal life, as well as the monetary and em ..read more

Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full Court. Hashtag Burgers Pty Ltd (Hashtag Burgers) appealed Justice Katzmann’s ruling that it was liable for trade mark infringement, passing-off and misleading or deceptive conduct.  In-N-Out Burgers, Inc (In-N-Out) cross-claimed, alleging that Justi ..read more

Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with. The iconic moment was seared into pop culture history as Mr Big bent down on one knee and placed the cobalt blue shoe on Carrie’s foot like a life-transforming glass slipper – and just like that, the luxury shoe label MANOLO BLAHNIK became known for its coveted pieces of art for the feet, particularly the ‘Hangisi’ style. Justice Markovic recently presided over an application for preliminary discovery that was sought after allegedly counterfeit MANOLO BLAHNIK shoes ..read more

Most of us don’t think about our telephone numbers very often but these strings of digits can be incredibly important.  You might not be able to recall your best friend’s phone number off the top of your head but thanks to a TV ad from the early 2000s you may remember the number for the Reading Writing Hotline (1300 655 506) or the number of the titular Jenny from Tommy Tutone’s 1981 hit tune (867-5309). This instalment of IP Whiteboard focuses on two decisions which consider the rights that do and do not subsist in telephone numbers.  The first is a recent decision of the Australian ..read more

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence (AI) and intellectual property (IP).  The UK Intellectual Property Office (UK IPO) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.  The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. Patents The UK IPO is keen to understand the role of the patent system in encouraging use and development of AI.  A key question is whether patent law should a ..read more

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association (Jilamara) and was born in the Milkapti Community in the Tiwi Islands. The artwork is a screen-print of a head of a buffalo, which was introduced into the Tiwi Islands by British colonisers and then became a source of food for the Ti ..read more

On 27 April 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. This doctrine has been applied in the United States to ensure that judges, who possess the authority to interpret the law, cannot assert copyright protection over works created in their judicial capa ..read more

On 30 June 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in United States Patent And Trademark Office, Et. Al, Petitioners v. Booking.Com B.V. This decision considers whether booking.com is protectable as a trade mark in the United States. The United States Patent and Trademark Office (USPTO), who had rejected the trade mark application for booking.com, argued that booking.com is a generic name for online hotel-reservation services and that, as a rule, combining a generic term like “booking” with “.com” yields a generic composite which is not protectable ..read more