Tag: litigation

1
Mike Tyson Sues Australian Streetwear Brand Culture Kings
2
Riding On Coat-tails, Doesn’t Come Free: UK High Court Awards Additional Damages for Oh Polly’s Flagrant Infringement of House of CB’s Unregistered Design Rights
3
Neoprene Tote Bags: Watertight Not Copyright

Mike Tyson Sues Australian Streetwear Brand Culture Kings

Mike Tyson, the famous former boxer, has sued Australian streetwear brand Culture Kings and its founders. Mr Tyson alleges the respondents have engaged in misleading and deceptive conduct under the Australian Consumer Law for using his name, nicknames and likeness to sell t-shirts, without his permission. Mr Tyson alleges that Culture Kings’ t-shirts bear images of him, his name as well as his monikers “Iron Mike”, and “Kid Dynamite”.

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Riding On Coat-tails, Doesn’t Come Free: UK High Court Awards Additional Damages for Oh Polly’s Flagrant Infringement of House of CB’s Unregistered Design Rights

On 24 February 2021, the UK High Court found that a number of Oh Polly dress designs had infringed the unregistered design rights of its competitor, House of CB. This recent decision confirms the risk of additional damages being awarded if infringers flagrantly copy third party designs, whilst also confirming the difficulties brand owners face in bringing passing off actions based solely on copycat designs.

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Neoprene Tote Bags: Watertight Not Copyright

In the recent judgment State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606, Justice Davies of the Federal Court of Australia found a fashionable neoprene tote bag was not a “work of artistic craftsmanship” and therefore not an “artistic work” for the purposes of the Copyright Act 1968 (Cth) (the Act). Since the Court found that copyright did not subsist in the State of Escape bag (the Escape Bag), there was no finding of copyright infringement.

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