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First off today, Australia’s highest court has agreed to hear the Australian Federation Against Copyright Theft’s (AFACT) case against local ISP iiNet. The case hinges on AFACT’s accusations that iiNet was not doing enough to slow infringement over its service, even after notification. Though both a lower court and appeals court ruled that iiNet was not liable, the appeals court hinted at situations where an ISP might be liable and have to take action against their customers. The High Court trial will occur later this year.
Next up today, the Mattel/MGA case may be heading for yet another twist as Mattel has appealed the most recent ruling. The seesaw battle between the two has been over the Bratz doll line, which Mattel accused MGA of producing illegally after it was developed by an employee working for them. A lower court agreed with Mattel, nearly forcing MGA to turn over the doll line. However, an appeals court stopped the injunction and sent the case back for a retrial, where MGA emerged victorious and received a $309 million damages award. Mattel is now appealing that ruling, possibly setting the stage for another reversal.
Finally today, a Oklahoma company Phigogam has filed suit against Jersey Shore star Jenni “JWOWW” Farley claiming that she violated copyright with the design of her latest suntan lotion bottle. The two sides had been working on a business partnership to release a JWOWW-branded suntan line but, according to the lawsuit, JWOWW cut them out of the deal and used their copyrighted bottle design in the process. The suit also alleges breach of contract as well as unjust enrichment and seeks an injunction against further infringement as well as all profits and additional damages.
That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.
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