Dotcom Decision: Some Initial Observations
Dotcom Decision: Some Initial Observations
21 February 2017 | By  Rick Shera
These are just some initial thoughts, but it is clear that no matter what happens on appeal, this case will have signification ramifications in both the copyright and criminal law spheres ... Read More →
Dotcom Decision: Some Initial Observations
Dotcom Decision: Some Initial Observations
21 February 2017 | By  Rick Shera
These are just some initial thoughts, but it is clear that no matter what happens on appeal, this case will have signification ramifications in both the copyright and criminal law spheres ...
Read More →
Rubbing Salt in the Cox Wound
Rubbing Salt in the Cox Wound
16 February 2017 | By  Rick Shera
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ...
Read More →
A tale of two courts, two countries and two ISPs: iiNet and Cox
A tale of two courts, two countries and two ISPs: iiNet and Cox
19 August 2016 | By  Rick Shera
It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison between the US case BMG Rights Management (US) LLC v Cox Communications, Inc and the Australian case Roadshow Films Pty Ltd v iiNet Limited[1] is therefore something to be savoured...
Read More →
The
The "Tail" of two crocodiles
09 June 2016 | By  Richard Rodden
Lacoste recently successfully defended its rights in the Court of Appeal to its trade mark which depicts both a crocodile and the word ‘crocodile’ (mark 70068) despite it never actually having used the mark.
Read More →
Trade mark owners – make sure your trade mark does not become “generic”!
Trade mark owners – make sure your trade mark does not become “generic”!
04 April 2016 | By  Olivia Porter
In a recent Court of Appeal decision (Tasman Insulation New Zealand Limited v Knauf Insulation Limited [2015] NZCA 602), the Court considered whether the word “batts” had become generic
Read More →
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
16 November 2015 | By  Rick Shera
As noted previously, intellectual property issues seem to have dogged the #nzflag selection process. However, one potentially popular option is repeatedly referenced as having been discounted because of an IP issue and that of course is the silver/white fern on plain black, another of Kyle Lockwood's submissions ...
Read More →
Trans Pacific Partnership Agreement Negotiation Concluded
Trans Pacific Partnership Agreement Negotiation Concluded
12 October 2015 | By  Rick Shera
After more than half a decade, the negotiation of the Trans Pacific Partnership Agreement between Australia, Brunei, ​Canada, Chile​, ​Japan​, Malaysia​, Mexico​, New Zealand, Peru​, Singapore, United States​ of America and Vietnam, concluded in Atlanta, Georgia, USA on 5 October 2015 ...
Read More →
How to Slam a Cyber-squatter
How to Slam a Cyber-squatter
25 September 2015 | By  Rick Shera
The .nz domain name dispute resolution service has been successful in providing an inexpensive, fast track method for people who have rights in a domain name to prevent those who do not - so called cyber-squatters - from using that name. However, sometimes, even that is not fast enough, especially where there is fraud involved ...
Read More →
UPDATED: #Redpeak Intellectual Property Issue?
UPDATED: #Redpeak Intellectual Property Issue?
15 September 2015 | By  Rick Shera
The intellectual property issues around the #nzflag process are very interesting. IP was one of the things that had to be taken into consideration by the flag consideration panel ...
Read More →
TPP Could Block Copyright Fair Use
TPP Could Block Copyright Fair Use
31 August 2015 | By  Rick Shera
Imagine that - we negotiate away copyright concessions to the US in TPP, only to find that the same lobbyists sitting in behind those negotiations then use the ISDS provisions of the same agreement to argue against us introducing fair use or to lodge a claim against the New Zealand Government if we do ...
Read More →
It’s happened in Australia.  Could a copyright owner force an ISP to give up alleged copyright infringers’ names in New Zealand?
It’s happened in Australia. Could a copyright owner force an ISP to give up alleged copyright infringers’ names in New Zealand?
11 April 2015 | By  Rachael Cederwall  | Rick Shera
The Federal Court of Australia has decided that Australian ISPs must provide users’ details to Voltage Pictures, the owner of the copyright in the film Dallas Buyers Club. But, could this happen in New Zealand? Is there scope for a New Zealand court to make a similar order under New Zealand’s pre-trial discovery rules? ...
Read More →
Video of Rick Shera's Keynote address to National Digital Forum Conference 2014 - Teh Intarweb: It'll be the death of us all
Video of Rick Shera's Keynote address to National Digital Forum Conference 2014 - Teh Intarweb: It'll be the death of us all
04 December 2014 | By  Rick Shera
What happens to our digital assets - the things we post online on social media platforms, blogs etc and to our social media accounts themselves, after we die?
Read More →
Action Required: Huge change for New Zealand domain name space
Action Required: Huge change for New Zealand domain name space
23 September 2014 | By  Rick Shera
From 1pm, 30 September 2014, you will be able register directly in the top level .nz domain space. So, you'll be able to get [anyname].nz rather than [anyname].co.nz or [anyname].org.nz, for example. This is a huge change - the biggest since .nz began around 25 years ago.
Read More →