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Going Wayback: The current state of using wayback machine evidence in court
Expert Insights 2019-09-27 8:45 pm By Editor Sydney

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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Celeb-backed rival sports news sites settle IP dispute
Intellectual Property 2019-07-11 10:42 pm By Cat Fredenburgh Melbourne

A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.

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Grand Theft Auto modder confident of defence in Take-Two copyright case
Intellectual Property 2019-06-21 1:11 pm By Miklos Bolza Sydney

A developer of what’s now being called the “Infamous Mod” for video game Grand Theft Auto, which gives players extra powers, is confident he can defend the copyright case brought against him by Take-Two Interactive and its subsidiary Rockstar Games.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza Sydney

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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Airtasker wins opposition to ‘Like a Boss’ trade mark
Intellectual Property 2019-06-05 5:20 pm By Miklos Bolza Sydney

Airtasker has succeeded in opposing a competitor’s application to trade mark the phrase ‘Like a Boss’, which the popular gig marketplace used in a long-running ad campaign.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh Melbourne

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Bird & Bird lawyer’s communications not privileged in IP fight over Golden Girls parody
Intellectual Property 2019-03-19 10:55 pm By Cat Fredenburgh Melbourne

A judge has rejected a claim of legal privilege over emails at the centre of a copyright lawsuit over a puppet-show parody of the 80s sitcom Golden Girls, a production that has spawned legal action between the collaborators in New York and Australia.

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Mills Oakley helped uncover client’s false evidence, court hears
Intellectual Property 2019-03-14 7:49 pm By Miklos Bolza Sydney

A top executive at railway technology company Wavetrain has been referred to the Commonwealth Attorney General for possible criminal proceedings after its solicitors at Mills Oakley worked with opposing counsel to uncover false evidence he provided in a consumer case centered on the company’s railway patents.

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Wavetrain drops bid to block Next Generation from talking about its IP
Intellectual Property 2019-02-25 2:24 pm By Cat Fredenburgh Melbourne

Railway technology company Wavetrain Systems has dropped its bid for a court order barring a  competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Wavetrain wants court muzzle on competitor’s bad-mouthing over IP
Intellectual Property 2019-02-11 6:58 pm By Miklos Bolza Sydney

Railway technology company Wavetrain Systems has asked the court to bar a competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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