QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page, which was unfortunately stumbled-upon by an 8-year-old child using his father’s iPad. By way of background, comments on Facebook pages were held to be subject to the Trade Practices Act 1974 in the case of Seafolly v Madden [2012]…

An arbitration agreement gives parties a chance to present their contractual disputes for decision by a private tribunal. The decision made by the arbitration tribunal is legally binding and can be enforced by the courts, should either party fail to uphold its obligations. The International Chamber of Commerce ‘Rules of Arbitration’ (ICC Rules) are used…

A trade mark is a vital part of any business and is the identity of a product or service. Accordingly, this area of law often times results in conflict between unprotected brands and existing trademarks. Section44of the Trade Marks Act 1995 (the “Act”) prevents registration of a mark that is substantially identical or deceptively similar…

In our article titled Copyright Infringing Drawings & Plans, we discussed situations where there is an implied licence to use architectural drawings and plans. In this article, we examine the doctrine of innocent infringer. In the case of Tamawood Limited v Habitare Developments Pty Ltd (7 May 2013), Tamawood Ltd (“Tamawood”) sought relief against a…

In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the principal of White Sands, an Australian swimwear label, posted statements and comments on her personal Facebook page indicating that Seafolly Pty Ltd, a competitor of White Sands, had copied some of her swimwear designs. Consequently, Seafolly alleged that Ms Madden had engaged…