The Pearl Harbour Myth
Just finished reading George Victor – The Pearl Harbor myth : rethinking the unthinkable I thoroughly enjoyed reading this book, having returned to Pearl Harbour after over 30 years. Seeing the oil rising from the rusting hull of the Arizona was a chilling reminder of the events that unfolded there in December 1941. My father […]
The Pistorius Appeal Judgment
The recent decision of the Supreme Court of Appeal of South Africa in Director of Public Prosecutions, Gauteng v Pistorius (96/2015) [2015] ZASCA 204 (3 December 2015) makes interesting reading. In its unanimous judgment the Court summarized, rather colorfully, the background as follows: [1] This case involves a human tragedy of Shakespearean proportions: a […]
BATTS neither Generic nor Infringed!
Have just received the Court of Appeal judgment in the long-running Batts case: http://www.nzlii.org/nz/cases/NZCA/2015/602.html The Court upheld the High Court that the term “batts” had not become a common name in general public use. However, it confirmed that Knauf’s use of the word “batts” on its product packaging was not an infringement and reversed the earlier […]
The Batts Trade Mark Case
The Court of Appeal has upheld the High Court’s finding that the term “batts” had not become a common name in general public use. See http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11562097 However, it confirmed that the defendant, Knauf’s use of the word “batts” on its product packaging was not an infringement and reversed the earlier finding that use of “batts” on Knauf’s […]
Dotcom Extradition
Kim Dotcom found by District Court in Auckland to be eligible for extradition to US for alleged copyright charges http://nzh.tw/11565399 An appeal to the High Court is inevitable
Privacy and the Right to be Forgotten
An emerging issue today is the tension between the purported right to be forgotten and the arguably more important right to be known and remembered Judge Harvey and I will be addressing these issues on 15 October 2014
Invasion of Privacy – ALRC Report
The current Australian Government has made it clear it does not intend to introduce a statutory cause of action of serious invasions of privacy. Nevertheless, in a report tabled in Parliament on 3 September 2014 the Australian Law Reform Commission (ALRC) has proposed a new statutory tort for just that. The report is comprehensive and […]
The Not So-great Fax Comeback
The suggestion by the NZLS that the once obsolete fax machine is likely to experience a comeback might surprise some – see https://gallery.mailchimp.com/636c7d0c620118e83f54c9764/files/Faxes_may_make_comeback_with_lawyers_AAP_NZ_Newswire_30_Sep_2014.pdf The rethink is evidently due to the increasing activity of hackers who have been targeting law firms and client’s email systems and issuing false instructions. To my mind, this would be a […]
Bloggers Should Say Who Pays
Blogging QC says bloggers should say who pays Article by Jock Anderson Clive Elliott KC Regarded as an intellectual property law pioneer, Natal-born Clive Elliott KC – recreational gorilla tracker, blogger and self-taught impressionist-style painter – is keen to argue the right to be forgotten. He will challenge District Court Judge David Harvey, the judiciary’s […]
Hacked computer files not “property”
The NZ Court of Appeal has found that hacked computer files are not “property” under S249 of Crimes Act in the Watchorn case http://www.newstalkzb.co.nz/auckland/news/nbnat/728437944-intellectual-property-law-outdated-