December 2014

December 22, 2014 11:14 AM | Posted by Rob Deev & Paul Kallenbach | Permalink
Although hyperlinks are a useful tool by which online publishers can generate exposure of their own material, they may also subject publishers to the risk of defamation proceedings.  Both the NSW and Victorian Supreme Courts have recently considered whether the inclusion of a hyperlink in an online publication amounts to publication of that linked article by the linking author - an issue that is significant in circumstances where the linked article contains defamatory material. read more
December 3, 2014 4:00 PM | Posted by Paul Jeffreys | Permalink
The High Court has held in an eagerly awaited trade mark decision that the words 'Cinque Stelle' and 'Oro' (Italian for 'Five Stars' and 'Gold' respectively) are inherently adapted to distinguish one trader's coffee products from another (a requirement of a valid trade mark under section 41 of the Trade Marks Act). read more