Hearings have begun for what is likely to be a protracted legal battle between the “Big Movie Studios” and not-so-small-fish in the local ISP pond, iiNet. A massive 34 plaintiff parties are accusing Australia’s third largest internet service provider of authorising copyright infringement.

Many of you may have seen the now iconic image of Sam the Koala being fed water by CFA Volunteer David Tree after the Black Saturday bushfires. The iconic image can be purchased here from the Herald Sun website with all proceeds going to the CFA. Now someone has applied to register as a trade mark the words “SAM THE KOALA” for numerous goods including chocolates, colouring books, DVD’s, toys and soft toys and for tourism, sightseeing and educational services.

It seems funny that a company that calls itself “Larrikin Music” should be taking serious court action over riffs allegedly copied from a classic Australian song about a native bird famous for its warbly laugh - but that said, judgment is set down for delivery tomorrow in the court of Justice Jacobson, who must decide whether Australian band Men at Work reproduced a “substantial part” of that famous Australian children’s song, Kookaburra Sits In The Old Gum Tree for its 1981 pub-anthem Down Under.

Almost as compelling as any television drama, the High Court’s recent decision in IceTV Pty Ltd v Nine Network Australia Pty Ltd adds yet another twist to copyright law in Australia and confirms that “skill and labour” exerted in producing copyright work needs to be geared towards the particular form of expression the work represents.

Welcome back to the Intellectual Property Blog. Its written by the team here at Actuate IP, an Australian intellectual property practice. As patent attorneys, trade mark attorneys and intellectual property lawyers, we are specialists in the field but more importantly passionate about what we do. We draw inspiration from working with smart people and companies across a broad range of technologies.

Innovation drives growth and benefits society, so its a great motivator for us to be involved in this area of law.

As you can see, we have had a break over the past few months from contributions. But we can now safely say that there will now be regular weekly contributions (at least 2 to 3 contributions). We had positive feedback previously, so we will continue our fresh take and commentary on Australian IP developments and topics.

What can you expect? Commentary on intellectual property news that’s in the media, latest cases and areas of the law that have practical implications for business.

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Colin Cheung

The saga continues as another famous brand accuses eBay of selling counterfeit goods.