Monthly Archives: June 2013

ILN Today Post

Additional damages awarded for continued unlicensed use of sound recordings

A recent decision in the Federal Magistrates’ Court in Phonographic Performance Company of Australia Ltd & Ors v Evermore Entertainment Pty Ltd & Anor [2013] FCCA 17 (PPCA v Evermore) emphasises how important it is for business owners to ensure they have obtained the necessary public performance licence before playing sound recordings in public places.  The decision also shows that the Courts will not hesitate to award significant additional damages under section 115(4) of the Copyright Act 1968 (the Act) for flagrant and ongoing copyright infringements. More…

Read full article
ILN Today Post

Italian language trade marks ORO and CINQUE STELLE distinctive, despite simplistic English translations

Justice Emmett of the Federal Court has found that Cantarella Bros Italian language trade marks ORO and CINQUE STELLE are distinctive, despite simplistic English translations, and that Modena had infringed the trade marks by using them on the packaging of its imported Italian products. More…

Read full article
ILN Today Post

Full Federal Court concludes that online simulcasts of radio programs are not a broadcast

The Full Court of the Federal Court (the Full Court) delivered judgment inPhonographic Performance Company of Australia Ltd v Commercial Radio Australia Ltd [2013] FCAFC 11.  The Court concluded that online simulcasts of radio programs (simultaneous broadcasting of radio programs online) are not “broadcasts”, which means that separate licences now need to be obtained for the broadcasting of sound recordings online. More…

Read full article
ILN Today Post

Bridgestone misses the mark – why it is important to monitor competitor trade marks

A recent decision1 in the Trade Marks Office highlights how important it is for trade mark owners to undertake regular checks of the Australian Trade Marks Register (Register). Trade mark owners who do not file an opposition to a competitor’s trade mark application within the two month time frame provided for in the Trade Mark Regulations 1995 (Regulations) simply because they were not aware of the application will not be granted an extension of time to file a notice of opposition. More…

Read full article
ILN Today Post

Reciprocal Enforcement of Judgments

In the Commonwealth of the Bahamas judgments obtained outside of the jurisdiction of The Bahamas can be registered in the Bahamas if the provisions of the Reciprocal Enforcement of Judgments Act 1924, chapter 77 of the Statute Laws of the Bahamas(the Act) are complied with.

Section 3 of the Reciprocal Enforcement of Judgments Act provides: More…

 

Read full article

Judicial Plagiarism or Simply Lack of Originality?

Is it acceptable for a judge to copy large sections of his or her reasons for judgment from the written submissions of one of the parties?  The Supreme Court of Canada has said that it is.

In the case of Cojocaru v. British Columbia Women’s Hospital and Health Center, a child who suffered brain damage during his birth at the hospital and his mother brought an action in negligence against the hospital, the attending nurses and doctors. At trial, the defendants were found liable in negligence and damages were awarded to the plaintiffs in the amount of $4 million.

Read full article

Judicial Plagiarism or Simply Lack of Originality?

Is it acceptable for a judge to copy large sections of his or her reasons for judgment from the written submissions of one of the parties?  The Supreme Court of Canada has said that it is.

In the case of Cojocaru v. British Columbia Women’s Hospital and Health Center, a child who suffered brain damage during his birth at the hospital and his mother brought an action in negligence against the hospital, the attending nurses and doctors. At trial, the defendants were found liable in negligence and damages were awarded to the plaintiffs in the amount of $4 million.

Read full article

Arnstein & Lehr welcomes Partner Julian Montero to the Miami office

Arnstein & Lehr LLP welcomes the addition of Partner Julian F. Montero to our Miami office. He will join the firm’s corporate transactions & counseling practice group working closely with Miami Partner Randy Sidlosca on the development of Arnstein & Lehr’s immigration practice.

Prior to co-founding Montero Wolkov LLP, Mr. Montero worked as a corporate attorney at several firms including Greenberg Traurig, White & Case and Broad & Cassel.

Read full article

Arnstein & Lehr Solidifies its Municipal & Governmental Law Practice Group with addition of Keith Poliakoff and two others

In a strategic move to solidify its municipal and governmental law practice, Arnstein & Lehr LLP announces the addition of Keith M. Poliakoff as its new Florida Government Relations co-chair.   Mr. Poliakoff brings with him Michelle L. Klymko who will serve of counsel and Carol Capri Kalliche who will serve as special counsel to the firm. The three will be located in the firm’s Fort Lauderdale office.

Mr. Poliakoff, who was formerly a partner at Becker & Poliakoff, rejoins his long time law partner, Senator Miguel Diaz de la Portilla, who will serve as his co-chair, to help oversee the firm’s vibrant local government practice.

Read full article

Andra Rubene and Māra Stabulniece participated in the Ministry of Justice Commercial law conference on piercing the corporate veil in Latvia

On 30 May 2013 Andra Rubene and Māra Stabulniece participated in the annual Commercial Law Conference organised by the Ministry of Justice in co-operation with the University of Latvia and presented a lecture on Piercing the corporate veil in Latvia dealing with the Latvian Group of Companies Law and Latvian Commercial Law norms governing liability of dominant undertaking and its management institution members for obligations of dependent company (Koncernu likums v. Komerclikums: valdošā uzņēmuma uz līdzdalības pamata un tā pārvaldes locekļu atbildība par atkarīgās sabiedrības saistībām).

Read full article