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18 Nov 2016, 12:44 am by John Collins
John Collins, Sumer Dayal and Natalie ShoolmanClayton Utz by John Collins, Natalie Shoolman & Sumer Dayal On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment). [read post]
19 Aug 2016, 5:45 am by Larisa Vaysman
FCA US LLC, the Sixth Circuit affirmed the district court’s grant of a motion for judgment on the pleadings in favor of a successor to an automobile manufacturer whose 2004-2005 vehicles were allegedly prone to premature rust and corrosion. [read post]
18 Apr 2016, 2:23 pm by Andrew Dixon
In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on the basis of non-use, as well as the subsequent Federal Court (“FC”) decision to overturn the Registrar’s ruling. [read post]
3 Feb 2016, 4:00 am by Alan Macek
In Harley-Davidson Motor Company Group, LLC v. [read post]
14 Jan 2016, 11:43 am by John Elwood
You might think that our next intellectual property (IP) case, Cuozzo Speed Technologies, LLC v. [read post]
28 Dec 2015, 2:51 am by Ben
Nomm pleaded guilty in US District Court for the Eastern District of Virginia to conspiracy to commit felony copyright infringement. [read post]
28 Dec 2015, 12:14 am
.* Santa Claus’s submission on the IPO Consultation on Transitional Arrangements for the Repeal of Section 52Jani writes on Dallas Buyers Club LLC v iiNet Limited (No 5) [2015] FCA 1437, an Australian case regarding disclosure of details pertaining to individuals who had shared the film Dallas Buyers Club [see an earlier Katpost here].* IP HairballsEnjoy this IPKat Exclusive (powered by Nicola): IP Whose Hair is it Anyway? [read post]
22 Dec 2015, 4:01 am
Due to the case's potential impact now and in the future for any online infringers, Justice Perram's inquiries into the content of the letter being sent to infringers and into sought damages were very important.In Dallas Buyers Club LLC v iiNet Limited (No 5) [2015] FCA 1437 the claimant, seeking the disclosure of the details pertaining to individuals who had shared the movie Dallas Buyers Club in Australia, had to present specific information as to the… [read post]
5 Nov 2015, 5:53 am by Barry Sookman
See, for example, Trkulja v Google Inc LLC (No 5) [2012] VSC 533 (summarized here), Tamiz v Google Inc [2013] EWCA Civ 68 (summarized here), Dr Yeung Sau Shing Albert v Google Inc [2014] HKCFI 1404, A v Google New Zealand Ltd [2012] NZHC 2352, Rana v Google Australia Pty Ltd [2013] FCA 60, Bleyer v Google Inc LLC [2014] NSWSC 897. [read post]
11 Sep 2015, 4:00 am by Alan Macek
Reckitt Benckiser LLC, 2015 FCA 104 affirming the decision of Justice Brown (2015 FC 215), related to the enforcement of the plaintiff’s MEGARED trade-mark against the defendant’s OMEGARED product. [read post]
16 Jul 2015, 4:00 am by Martin Kratz
This addresses a problem seen, for example, in the decision in Lilly Icos LLC v. [read post]
12 Apr 2015, 4:30 am by Barry Sookman
US Court rules web wrap transfers copyright SMALL JUSTICE v XCENTRIC http://t.co/9wx2edPIRj – really? [read post]
8 Apr 2015, 4:30 am by Barry Sookman
Getting mathematical about a musical treasure: “I Am Australian” in the Copyright Tribunal http://t.co/6AyPcdewFt -> Dallas Buyers Club wins copyright case in Australia Federal Court ordering disclose of subscriber information http://t.co/hBjsdL1wkx -> Link to Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 case ordering disclosure of subscriber information http://t.co/2g6x9qf7L1 -> Courts use Facebook to serve subpoenas and divorce… [read post]