Recent content by Leonard Mancini

Did you have a confidentiality agreement?

You could use the seminar evidence in a preliminary discovery application to get the code which will tell you whether they have infringed your copyrights. But if you dont have any code that they could have copied, then they have taken your idea and that would be a breach of confidentiality only...

Always excpetions but as a general rule here: Ingredients list-yes, product name -no

Yes absolutely they can refuse to take a case on. Litigation is costly. Might need to stump up a latge amount of money up front. Not much change out of $500K for an involved IP case involving expert witnesses and patents.

Do you mean preliminary discovery? There're two uses: to find out who to sue if you think you can sue but you don't know the identity, and to find out if you actually have a case against someone you know who they are. You reckon you have the evidence re the IP and you know who they are so...

Experts in ip cases generally give opinion evidence about the validity of ip And whether its been infringed. The basis for infringement opinion usually comes come other witnesses of fact who put evidence on like seminar presentations seen by the witness.

Not quoting tm registrations is a big flag. Not quiting a country is the same. Either would tend to suggest its groundless otherwise they would be quoted

A trade mark with two letters are unregisterable in Australia. Did they quote any trade mark regustration numbers in Australia? They cant claim domain name abuse under icann or auda if the domain itself does not contain the trademark. That means it has to be either trade mark infringement or...

The ICE TV case was about them copying program guide data and was a claim to copyright infringement. The courts held that there was no copyright in the program and it was not copied in any case. The OP could get in trouble, not only on the issue of copyright if it was found to subsist and be...

Many years ago I advised a client not to based on the Terms of Conditions of the target websites which had no scraping clauses. Im not sure if the position has changed or whether the site owners see a benefit to allow it and therefore do not prosecute. Proceed with caution!

Hi Ed In answer to your questions: 1. Yes you can ask for a fee to consent. It is usual to seek to recover your IP attorneys fees associated with settling and providing the letter of consent. How much generally depends on how much your attorney costs! I have seen requests as low as $1000 and...

Hi Adrian, Did you get them to sign an NDA? I suspect not. That means that a Court would have to imply an agreement to keep information provided in the meeting confidential. Would a court imply such a term? Im not aware of any decisions in the context of a job interview where an applicant's...

Hi Peter They can refuse to provide the information. However you can get preliminary discovery in the Federal Court to determine whether you have a cause of action against them. They would be foolish to resist such an application. Has the information you provided them since become publicly...

Hi such an appeal is a hearing de novo so fresh evidence ia likely going to need to be prepapred. Together with briefing counsel and appearances in direction hearings and a final hearing of 1-2 days, you would not see any change out of $40K and quite possibly much more depending on the actions...

This is not an uncommon scenario. It will come down to proof and evidence. What they did sounds like they breached confidentiality and fiduciary duties. If it can be proven. Not an easy case to run in court and the remedies are not great. If they have assets you can probably hit them up for...