Intellectual Property Intellectual Property

Matter Examples

Intellectual Property

COPYRIGHT
  • Advised the E&O insurer of an Australian television production and distribution company, and subsequently acted in defence of the insured, in relation to proceedings commenced in California alleging (amongst other things) theft of intellectual property, copyright infringement, fraud and defamation. Ultimately, internal documents came to light which revealed that there was real substance to the plaintiff’s claim (particularly with regard to the intellectual property theft allegations). In those circumstances, we were able to resolve the matter on a sensible commercial basis by way of an early settlement conference.
  • Acted on behalf of an international television production and distribution company in relation to litigated proceedings, commenced in California, involving allegations of intellectual property theft and defamation. By adopting an early and thorough approach to investigating the matter, it was ultimately possible to unearth documents which suggested that the insured was likely to be found liable on all counts. By attending an early mediation, it was possible to extract the insured and its insurers from the proceedings on a very favourable commercial basis. We were ultimately able to extract the insured in exchange for a payment representing less than 20% of the total claim. Had the matter been allowed to progress through the discovery phase or trial, it is likely that the insured would have been found liable for the entirety of the amount claimed.
  • Defended our client, and ultimately extracting them from the proceedings on a favourable commercial basis, in the face of allegations of copyright infringement arising out of the design of ‘off the plan’ residential premises.
  • Acting in defence of a stockbroking house in relation to the Federal Circuit Court proceedings issued by a software company alleging copyright infringement of software. Through the use of specialist IT experts at an early stage, we have been able to uncover crucial documents, metadata and code that might have been lost / unavailable to assist in defence of the claim.
  • Acted in defence of housing developer, and ultimately extracting them from the proceedings  on a favourable commercial basis, in the face of allegations of copyright infringement arising out  of the design of ‘off the plan’ residential premises.
  • Drafted and negotiated licensing and maintenance agreements on behalf of a major provider of flight information display systems to capital city and regional airports both in Australia and overseas. Our involvement was across the full gamut of licensing and maintenance of proprietary software – including negotiating essential terms to protect our client’s intellectual  property/source code and other right.
  • Advising on the loss and damage arising from the defacement of public websites and potential intellectual property rights infringement and defamation.
     
TRADEMARK
  • Acting in defence of a coffee capsule supplier in the Federal Court proceedings commenced by an Italian coffee capsule manufacturer alleging infringement of three of its Australian patents. Matter has involved instructing highly skilled international coffee capsule experts to assist with infringement and invalidity. With the matter heard over 5 days, the Court recently handed down judgment in our clients’ favour, determining that not only did our client’s products not infringe any of the three relevant patents, but also that all three patents were invalid which meant they were subject to revocation orders. The matter is now on appeal to the full Federal Court and due to be heard in November 2020.
  • Acting in defence of a state karting association in relation to Federal Circuit Court proceedings issued by a national karting association arising from alleged copyright and trademark infringement. Matter has involved consideration of volumes of documents produced / created over decades. We are in the process of preparing evidence in support of our client's cross claim seeking to have the trademark declared invalid.
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