No damages without invalidation ab initio – a look at Wenger SA v Travelway Group International Inc

By Bianca Pietracupa (CA) on October 8, 2019 Posted in Trademark

A valid trademark registration is an absolute defence to claims of passing off where there is no significant difference between the impugned mark as registered and the mark being used.[i] This is because a trademark registration gives the trademark owner the exclusive right to use that trademark throughout Canada.[ii] A party claiming passing off against … Continue reading

Internet (almost) killed the video star: Federal Court grants orders to block ‘ripping’ of music videos

By Harrison Ottaway (AU) on June 27, 2019 Posted in Copyright

In the age of the internet, music videos have persisted on MTV and numerous other television outlets although they have to an extent been challenged by other forms of high-brow entertainment available. Many of them involve house inspections or the rituals of courtships, and sometimes both. Nevertheless, despite these diversions, the Rage is maintained. Justice … Continue reading

No safe harbour: Online platforms face choppy waters when it comes to copyright infringement

By Isobel Taylor (AU) and Georgina Hey (AU) on April 23, 2019 Posted in Copyright

The liability of internet intermediaries for copyright infringement is a hot topic of conversation at the moment, both in Australia and overseas. Sweeping reforms have just been passed by the EU Parliament, and Australian copyright legislation in this area has been the subject of significant judicial consideration in recent years. In this article, we consider … Continue reading