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Cadbury and Amcor - no priviledge in ACCC witness statements

Davies Collison Cave
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Australia
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July 24 2009

In the interlocutory decision of ACCC v Cadbury Schweppes Pty Ltd & Ors 2009 FCAFC 32, the Full Court held that legal professional privilege (LPP) does not subsist in witness statements once they are in the form in which they are intended to be served on a party's opponent in litigation

The good, the bad and the UGG-ly

Davies Collison Cave
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Australia
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December 17 2009

The dispute over liability for the sale of sheepskin boots featuring the "UGG" brand reached its final conclusion on 13 November 2009 when Justice Tracey handed down his decision on the last-remaining issues of copyright infringement, passing off and misleading and deceptive conduct in Deckers Outdoor Corporation Inc v Farley (No 5

Federal Court clarifies rules for employer ownership of copyright - Edsonic Pty Ltd v Cassidy 2010 FCA 1008

Davies Collison Cave
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Australia
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September 22 2010

The Federal Court has clarified the circumstances in which employers may claim ownership of copyright works created by their employees, and in particular how Courts will determine whether works are made in pursuance of an employment contract

Putting the (UGG) boot in - imprisonment for contempt - Deckers Outdoor Corporation Pty Ltd v Farley (No 8) 2010 FCA 657

Davies Collison Cave
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Australia
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June 30 2010

The legal action brought by Deckers to try to restrain the infringement of its intellectual property rights in relation to its "UGG" branded footwear has culminated in the ordering by Justice Tracey of custodial sentences to punish contempt by three individuals who continued to make and distribute "UGG" branded footwear in breach of Court orders and undertakings given to the Court between 2003 and 2007

Copyright claim against ABC TV’s rage turns on ownership

Davies Collison Cave
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Australia
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November 17 2010

A recent decision of the Federal Court emphasises two key factors that copyright litigants should keep in mind: they must be able to establish they performed the acts that qualify them as owners of the copyright they claim has been infringed, and they must bring their claim within six years of the infringement

Smoke detector bypass fails the validity test

Davies Collison Cave
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Australia
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December 20 2010

On 30 September 2010, the Federal Court gave judgment on the validity of a patent application filed by Aspirating IP Limited (AIP) and opposed by Vision Systems Limited (Vision) in 1998

In brief: Fairfax Media v Reed International

Davies Collison Cave
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Australia
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September 9 2010

The Federal Court has denied relief to Fairfax Media in its claim for copyright infringement against Reed International's ABIX service, which reproduced headlines from the Australian Financial Review ('AFR'

UGG infringer's imprisonment for contempt was manifestly excessive: Full Federal Court

Davies Collison Cave
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Australia
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March 1 2011

Last year we reported on Justice Tracey's findings that members of the Vaysman family were guilty of contempt after continuing to make and sell counterfeit "UGG" branded footwear in breach of Court orders made between 2003 and 2007

AFACT loses copyright appeal: full federal court finds iiNet did not authorise infringement

Davies Collison Cave
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Australia
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February 25 2011

In a landmark 2-1 decision (Jagot J dissenting) with three separate judgments, the Full Federal Court yesterday dismissed an appeal against last year's decision that found internet service provider iiNet was not liable for the infringement of copyright by its users

Copyright does not subsist in the White and Yellow Pages: Full Federal Court

Davies Collison Cave
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Australia
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March 2 2011

On 15 December 2010, the Australian Full Federal Court unanimously upheld the decision of Justice Gordon at first instance, confirming that copyright does not subsist in Telstra's White and Yellow Pages telephone directories

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