Legally Insightful

  Transcript King’s Hawaiian the best thing to come out of Hawaii other than getting drunk and embarrassing your family at a tiki bar.  The company has been in the news recently over a a rather unusual court case that has been filed against it. A man in New York has filed a class action against bread maker alleging that the company misled him into believing that the rolls are actually made in Hawaii. Robert Galinsky is pursuing a class-action lawsuit against the company claiming unjust enrichment, negligent misrepresentation, and fraud. Which if he’s correct is fair enough, if a company claims to have some quality of origin but actually doesn’t then, that’s false advertising and there should be repercussions for those actions.  But just like when you are found by your family passed out in the bushes behind the tiki bar that you were kicked out of the night before, the real story is much more complicated thatn that. You see, King’s Hawaiian did originally start in Hawaii in the 50’s but

In light of the ongoing pandemic effects, Japan has decided to take on the real issues and has announced the reform of how copyright is looked at concerning cosplaying. Cosplaying is a way of dressing up in costume as some of the characters from your favorite tv show/anime and while dressing up in costume isn't likely to cause you to receive a copyright notice, being paid to do so most likely will. This kind of thing can definitely spoil a children's birthday party when one of the six-year-olds turns out to be an undercover police officer working in the intellectual property squad, but nevertheless, copyright protections are genuine and are what gives a company incentive to come up with a new character in the first place.  So, the Japanese government have come out and said that they would undertake a review of the situation and release a brochure of approved ways to Cosplay without infringing copyright moving forward. But as history is always doomed to repeat itself, let's

Misappropriation of likeness, it's in the game With the recent announcement that EA will be venturing back into the world of college sports for one of their upcoming games. It is essential to look at the reasons for its (over a decade-long) hiatus from making college sports games. Several high-profile cases took down a very profitable area of sports gaming almost ten years ago, over a simple but crucial element to the games, the players.  Privacy and personality laws in the United States is an emerging area of law founded on the basis that is based in tort law. It deals with the ideas that a person has rights: 1. To be left alone; 2. To not have public disclosure of private facts; 3. To not be depicted in a false light; and 4. To not have your name and likeness misappropriated.  On these critical tenets, personality laws have become increasingly more prevalent as, due to advances in technologies, it is becoming easier for one's likeness to be copied and distributed.  Th

You can take the bread company out of Hawaii, but you can't take Hawaii out of the bread company. What do you do when your favourite company that makes your favourite type of bread makes it bread outside of your favourite state? You take them to court, or at least that is what one man has done.  A man in New York has filed a class action against bread maker, King's Hawaiian over the sweet rolls alleging that the company misled him into believing that the rolls are actually made in Hawaii. Robert Galinsky is pursuing a class-action lawsuit against the company claiming unjust enrichment, negligent misrepresentation, and fraud. King's Hawaiian packaging Galinsky claims that Hawaiian Rolls by itself "does not denote a roll made in Hawaii any more than a 'Moon Pie' can claim to have been baked on the moon." But the company using the original location of its factory, 'Hilo, Hawaii' in its packaging is misleading to customers.  If Galinsky can convince th

A recent case in the Federal Court of Australia has backfired for a bag producer as the court ruled that there was not a single piece of artistic value or merit in their products. In  State of Escape Accessories Pty Limited v Schwartz  [2020] FCA 1606, the claimant, State of Escape, claimed that Schwartz (and her company Chuchka) had infringed on their copyright works by producing a waterproof neoprene bag which was similar to a bag made by State of Escape. Mildly confident in their approach, State of Escape claimed that Schwartz had infringed their copyright on 34 different designs.  State of Escape's Bags Schwartz's Bags According to section 31 of the  Copyright Act 1968  (cth), copyright subsists in all artistic works, which is later defined as a work of artistic craftsmanship’. To determine whether State of Escape’s work was a work of artistic craftsmanship, Justice Davies, looked at the artistic elements to the bag and found them lacking. Using the factors outlined in  Bur

Well, It's About Time How two massive New York news publishers ended up fighting over intellectual property. On 20 November 2020, two of the largest most influential media organisations on the planet locked horns over their rights to the thing which Gollum so eloquently put as, 'the thing that devours all things, or for those that are not as up to date on their  Lord of the Rings  trivia, 'Time'.  As fancy bathrooms are no longer exclusively stacked with copies of the magazine, earlier this year, Time magazine diversified their offering. It unveiled a new short-form online interview series called 'TIME100 Talks' which featured online interviews with journalists, talents and thought leaders. As the videos became popular, Time magazine began to branch out with this brand, establishing Time Talks for dedicated topics like health. Accordingly, they applied to have the trademark 'TIME100 Talks' registered with the United States Patents and Trademarks Office (