Telstra and, more recently, Sensis have published the well known Yellow Pages phone directories since 1975, and also used the “Walking Fingers” logo since shortly after that date. The applicants’ more recent online directories and mobile applications similarly have featured a yellow theme. Yellow has been a strong theme in the applicants’ marketing from an early date. Telstra and Sensis brought claims of misleading and deceptive conduct and passing off against three publishers of print and online phone directories (the PDC respondents). The relevant publications had yellow covers and yellow pages in the case of the print publications, and yellow icons, background and other visual elements in the case of online directories and mobile applications.
Is redemption of certain interests in a managed investment scheme “withdrawal” from the scheme for the purposes of Part 5C.6 of the Corporations Act 2001?
The High Court has held that redemption of units in a managed investment scheme did not constitute “withdrawal” within the meaning of Part 5C.6 of the Corporations Act 2001.
Late last year, the Federal Court ordered that the fourth respondent, Bob Jane, and the companies he controlled, be restrained from trading as a business under any name that is or includes the word JANE. The corporate respondents were also ordered to forthwith change their names, transfer certain domain names and deliver up promotional material to Bob Jane Corporation. Early this year, Bob Jane Corporation brought charges of contempt of court against each of Bob Jane and various of the corporate respondents he controlled for failure to comply with those orders. Bob Jane Corporation sought a declaration of guilt and imposition of a fine in relation to each alleged contempt.
The first applicant, Damorgold, successfully established that JAI Products had infringed the patent in suit. A residual issue left for later determination was whether the second applicant, Vertilux, was an exclusive licensee of the patent and therefore also entitled to have initiated proceedings pursuant to section 120 of the Patents Act 1990. A written licence was in place between Damorgold and Vertilux that imparted on Vertilux an exclusive licence to exploit the patent, and also purported to record the terms of an oral licence between the parties said to have been in place at least since the start of 2006. Under the licence, Vertilux was entitled to grant sublicences, with Damorgold’s written consent (although Damorgold could waive that requirement).
This was an appeal from the ultimate disposition at first instance of Deckers’ successful copyright and trade mark infringement claims against various respondents in respect of their use of various UGG marks and the manufacture and sale of counterfeit UGG boots.
Recent Victorian Offer of Compromise reform: costs inclusiveness, claim failure, pre-litigation offers and other changes
The Magistrates’ Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 bring the rules on offers of compromise in the Magistrates’ Court of Victoria (“MCV”) largely into alignment with the Supreme Court of Victoria (“VSC”) and County Court of Victoria (“CCV”) rules on offers of compromise. This amendment commenced on 1 August 2014. The VSC and CCV rules were amended on 1 September 2013 and 7 October 2013 respectively.
The Commonwealth Government released an Online Copyright Infringement discussion paper (pdf) on 30 July 2014. Responses are required by 1 September 2014. The problem the discussion paper identifies is the high level of usage of the Internet by Australians to infringe copyright by downloading illegally movies, recorded music and the like and a perceived need, following the High Court’s decision in Village Roadshow v iiNet, to compel ISPs to negotiate with copyright owners about the introduction of systems such as ‘Notice and Takedown (and Put back)’ procedures.
The Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 (Vic) was given Royal Asset on 8 April 2014, and amends the Civil Procedure Act 2010 (Vic) (the “CPA”). The amendments mainly concern document management in the discovery process.
Court of Appeal decides that VCAT is a “court” for the purposes of s8 of the Commercial Arbitration Act 2011
A majority of the Victorian Court of Appeal has found that VCAT is a “court” for the purposes of s8 of the Commercial Arbitration Act 2011 (the CAA) with the result that if a party to the arbitration agreement so requests, the Tribunal is precluded from hearing the proceeding and the dispute must be referred to arbitration.
The HCA disallowed a joint venturer’s claim to have derived a lump sum as constructive trustee. Alleged fiduciary duties owed to a non-venturer were not accepted. Alternatively, the venturer’s purported equitable assignment of his rights to the lump sum was not tax-effective.
The Halal Certification Authority has $10 in nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.
The UK Supreme Court has held that a 6-year limitation period applies to knowing receipt and knowing assistance claims. Will Australian courts apply the equivalent limitation provisions in the same way?
The Privacy Commissioner has recently determined that AeroCare Pty Ltd (Aerocare) breached the privacy of a blind airline passenger when asking a range of questions to the passenger regarding his medical condition, in front of the complainant’s sighted guide and various passengers in the departure lounge at the Sunshine Coast airport.
In a unanimous judgment, the High Court has held that the Births, Deaths and Marriages Registration Act 1995(NSW) (the Act) empowers the Registrars to register a person’s sex as “non-specific”.