The Mudcat Café TM
Thread #17225   Message #1937693
Posted By: Richard Bridge
15-Jan-07 - 06:23 PM
Thread Name: 1/19 quote-value of public domain-overprotecting
Subject: RE: 1/19 quote-value of public domain-overprotecting
RE: Furphy.

When did the writer of the original slogan die? Copyright, in the 80s, was life of author +50 years and is now life + 70 (and to 31 Dec). It looks as if that action might have been based on passing off rather than infringment of copyright. Passing off depends on a reputation - but a current reputation - so that the ultimate consumers, while not needing to know the name or identity of the plaintiff would be (or be likely to be) misled into thinking that the goods or services of the defendant were those of (or authorised or approved by) the plaintiff.

Once upon a time there would have had to be a"common field of endeavour" but I think Australia was the first common-law jurisdiction to abandon that rule.

Of course it could have been a trade mark action, if the Furphy slogan was registered as a trade mark and had been renewed all the time.

More info please - that is interesting.