Philippa Macaskill, Author at King & Wood Mallesons Pulse

The case for judicial humour: When wit and jocularity find their way into the courtroom

3 July 2014

Addressing the National Judicial Orientation Programme in 1998, then Chief Justice Gleeson explained to the assembled audience that there are four key aspects of judicial status or performance – independence, impartiality, fairness and competence. One trait deliberately left off his Honour’s list was judicial humour.

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Bad faith: The new kryptonite for opposed trade mark applications?

28 May 2013

By Philippa Macaskill

This just in from our correspondents at the Daily Planet: An application to register the trade mark “superman workout” in Australia in respect of “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” has been refused by Justice Bennett under section 62A of the Trade Marks Act 1995 (Cwlth) (“Act”) on the basis that the application was made in bad faith (see DC Comics v Cheqout Pty Limited & Anor [2013] FCA 478).

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High Court refuses special leave in Optus TV Now case

7 September 2012

By Philippa Macaskill

The High Court has this morning refused Optus’ application for special leave to appeal the Full Court of the Federal Court’s decision in the TV Now case, National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59.

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N-n-now that that don’t kill ‘Ye, can only make him stronger: Kanye West wins copyright battle with Vince P(eters)

28 August 2012

By Philippa Macaskill

Kanye West (or ‘Ye as he’s known) has hit the headlines again this week.

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Here come the men (and women) in purple: Olympic venues awash with “brand police”

23 July 2012

By Philippa Macaskill

As thousands of spectators, media and athletes descend on the Heathrow arrivals hall, and 3,500 soldiers are shipped in to bolster flailing security forces, another group is making its presence known in the nation’s capital.

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“If you have nothing nice to say…”: London 2012 restricts “mean” links to its website

18 July 2012

By Philippa Macaskill

Over the past few weeks we have kept you posted on some of the measures taken by London Games organisers to restrict the use of social media and to protect the rights of its official sponsors (see here and here).

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“Faster, higher, stronger” restrictions on social media at the London 2012 Games

18 June 2012

By Philippa Macaskill

As the Olympic Torch travels down the east coast of Britain and preparations for the opening ceremony kick in to high gear, with live farm animals, a replica Glastonbury Tor and rain clouds all being brought in for the occasion, organisers and followers of London 2012 are increasingly turning their attention to a new issue, that of social media’s role in the Games of the XXX Olympiad.

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Optus applies for special leave to appeal to the High Court in TV Now case

11 May 2012

By Philippa Macaskill

Optus has today filed an application for special leave to appeal to the High Court in relation to the Full Court of the Federal Court’s decision in National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59 (a copy of which can be found here).

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The AFL, NRL & Telstra successfully appeal Optus TV Now decision

27 April 2012

By Philippa Macaskill

The Australian Football League, National Rugby League and Telstra Corporation have succeeded in their appeal against Optus and its parent company, Singtel Optus, for breach of copyright in relation to Optus’ TV Now service.

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“If you guys were the inventors of Facebook, you’d have invented Facebook”: Yahoo! sues Facebook for patent infringement

30 March 2012

By Philippa Macaskill

“Facebook me” has become part of the vernacular but, if a lawsuit filed by Yahoo!

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