Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.






Thursday, July 13, 2017

While the US says yes to the Wayback Machine, Australia says: what is it?

By Elliott Burton, Lawyer

We're big fans of the Wayback Machine here at Scintilla, so you can imagine our excitement when we heard about the case Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 2) [2017] FCA 474 (Shape Shopfitters), where the Federal Court was directly asked whether Wayback Machine records constitute admissible evidence. So, is Shape Shopfitters Australia's Marten Transport, which confirmed that Wayback Machine is good evidence in the US? Are Australian courts ready to welcome Wayback Machine records with open arms?

Monday, July 10, 2017

Breakfast of (tennis) Champions: Kellogg versus Kokkinakis

By Kim Evans, Senior Associate, and Isabel Burraston, Law Graduate

Australian tennis player, Thanasi Kokkinakis, has found himself in a battle on a different kind of court in a trade mark dispute against cereal giant, Kellogg. In an appeal made to the Federal Court in May 2017, Kellogg is challenging Kokkinakis' application to register the trade mark 'Special K'.