Breakfast at Tiffany's': eBay Inc., trade mark law, and counterfeiting

In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. Tiffany & Co made a desperate, unsuccessful effort to appeal the matter to the Supreme Court of the United States. The matter featured a number of interventions from amicus curiae — Tiffany was supported by Coty, the Fashion Designer's Guild, and the International Anticounterfeiting Coalition, while eBay was defended by publicly-spirited civil society groups such as Electronic Frontier Foundation, Public Citizen, and Public Knowledge as well as Yahoo!, Google Inc, Amazon.com, and associations representing telecommunications carriers and internet service providers. The litigation in the United States can be counterpointed with the fusillade of legal action against eBay in the European Union. In contrast to Tiffany & Co, Louis Vuitton triumphed over eBay in the French courts — claiming its victory as vindication of the need to protect the commercial interests and cultural heritage of France. However, eBay has fared somewhat better in a dispute with L’Oréal in Great Britain and the European Court of Justice. It is argued that, in a time of flux and uncertainty, Australia should follow the position of the United States courts in Tiffany & Co v eBay Inc. The final part examines the ramifications of this litigation over online auction-houses for trade mark law reform and consumer rights; parallel disputes over intermediary liability and safe harbours in the field of copyright law and the Anti-Counterfeiting Trade Agreement 2010. The conclusion calls for a revision of trade mark law, animated by a respect for consumers’ rights and interests in the electronic marketplace.

We don’t want your must-see TV: Transatlantic television and the failed “Coupling” format

NBC's failed attempt to remake the BBC's Coupling generated a significant amount of press coverage in summer 2003. At the core of the debate was a struggle to reconcile an increasingly integrated transatlantic television market with traditional assumptions about culture and its authentic connection to space and place. The interest in the remake not only created a space where certain national differences were played out and performed but also facilitated an equally compelling transatlantic dialogue about creative ownership, appropriation, and a network's responsibility to its audiences. In doing so, the media attention highlighted how television formats are best understood not as innocuous commodities of international trade but as potential sites of articulation, contestation, and community in an increasingly transnational television environment.

The modern primitive and the antipodes: The visual arts and Oceania

In a book seeking to redraw the boundaries between interdisciplinary and transnational modernisms, this chapter contributes to the reorientation in modernist studies by revisiting "primitivism." While no one freely identifies as “primitive,” the spectre of primitivism was a magnet of attraction as well as of critical refusal. It resided on the knife-edge of envy and denunciation, as well as for the projection of alternate imaginative utopias and the worst forms of racial chauvinism. This chapter asserts that primitivism endures as a provocation as much as a utopian aspiration, but it also provides a different understanding of cultures on the "periphery", which is how Antipodean art history has understood itself. The spectre of primitivism not only amplifies the quandaries of modernist cultures—both alerting one to the aesthetic alternatives to modernist cultures, yet also highlighting the fate of traditional culture pitted against modernist cultures, it also suggests the quandaries of a peripheral modernity.

A comparison of international and Australian rating tools for sustainability elements of residential property

The Australian housing sector contributes about a fifth of national greenhouse gas (GHG) emissions. GHG emissions contribute to climate change which leads to an increase in the occurrence or intensity of natural disasters and damage of houses. To ensure housing performance in the face of climate change, various rating tools for residential property have been introduced in different countries. The aim of this paper is to present a preliminary comparison between international and Australian rating tools in terms of purpose, use and sustainability elements for residential property. The methodologies used are to review, classify, compare and identify similarities and differences between rating tools. Two international tools, Building Research Establishment Environmental Assessment Methodology (BREEAM) (UK) and Leadership in Energy and Environmental Design for Homes (LEED-Homes) (USA), will be compared to two Australian tools, Green Star – Multi Unit Residential v1 and EnviroDevelopment. All four rating tools include management, energy, water and material aspects. The findings reveal thirteen elements that fall under three categories: spatial planning, occupants’ health and comfort, and environmental conditions. The variations in different tools may result from differences in local prevailing climate. Not all sustainability elements covered by international rating tools are included in the Australian rating tools. The voluntary nature of the tools implies they are not broadly applied in their respective market and that there is a policy implementation gap. A comprehensive rating tool could be developed in Australia to promote and lessen the confusion about sustainable housing, which in turn assist in improving the supply and demand of sustainable housing.

Global rules on conflict-of-laws matters in international insolvency law cases: An Australian perspective

The 2012 Report “Transnational Insolvency: Global Principles for Co-operation in International Insolvency Cases” – commissioned by The American Law Institute in conjunction with The International Insolvency Institute – annexed 23 “Global Rules on Conflict-of-Laws Matters in International Insolvency Cases”. These proposed “Global Rules” are intended to “serve as legislative recommendations” to (inter alia) promote uniformity and greater certainty in the unpredictable area of conflict of laws. This article provides a brief commentary upon the 23 proposed Global Rules from an Australian perspective (comparing the effect and intent of each rule with the current Australian conflict-of-laws position) and offers some conclusions as to the merits of the “Global Rules” initiative.

Mauve: How one man invented the colour that changed the world

In an essay, "The Books of Last Things", Delia Falconer discusses the emergence of a new genre in publishing - microhistories. She cites a number of recent titles in non-fiction and fiction - Longitude, Cod, Tulips, Pushkin's Button, Nathaniel's Nutmeg, Zarafa, The Surgeon of Crowthorne, The Potato, The Perfect Storm. Delia Falconer observes of this tradition: "One has the sense, reading these books, of a surprising weight, of pleasant shock. In part, it is because we are looking at things which are generally present around us, but modestly out of sight and mind - historical nitty gritty like cod, potatoes, longitudinal clocks - which the authors have thrust suddenly, like a Biblical visitation of frogs or locusts, in our face. Things like spice and buttons and clocks are generally seen to enable history on the large scale, but are not often viewed as its worthy subjects. And by the same grand logic of history, more unusual phenomena like cabinets of curiosities or glass-making or farm lore or sailors' knots are simply odd blips on its radar screen, interesting footnotes. These new books, microhistories, reverse the usual order of history, which argues from the general to the particular, in order to prove its inevitable progress. They start from the footnotes. But by reversing the process, and walking through the back door of history, you don't necessarily end up at the front of the same house." Delia Falconer speculates about the reasons for the popularity of microhistories. She concludes: "I would like to think that reading them is not simply an exercise in nostalgia, but a challenge to the present". In Mauve, Simon Garfield provides a new way of thinking and writing about the history of intellectual property. Instead of providing a grand historical narrative of intellectual property, he tells the story of a particular invention, and its exploitation. Simon Garfield relates how English chemist William Perkin accidentally discovered a way to mass-produce colour mauve in a factory. Working on a treatment for malaria in his London home laboratory, Perkin failed to produce artificial quinine. Instead he created a dark oily sludge that turned silk a beautiful light purple. The colour was unique and became the most desirable shade in the fashion houses of Paris and London. ... The book Mauve will have a number of contemporary resonances for intellectual property lawyers and academics. Simon Garfield emphasizes the difficulties inherent in commercialising an invention and managing intellectual property. He investigates the uneasy collaboration between industry and science. Simon Garfield suggests that complaints about the efficacy of patent offices are perennial. He also highlights the problems faced by courts and law-makers in accommodating new technologies within the logic of patent law. In his elegant microhistory of the colour mauve, Simon Garfield confirms the conclusion of Brad Sherman and Lionel Bently that many aspects of modern intellectual property law can only be understood through an understanding of the past: "The image of intellectual property law that developed during the 19th century and the narrative of identity which this engendered played and continue to play an important role in the way we think about and understand intellectual property law".

A Submission to the Inquiry into the Resale Royalty Right for Visual Artists Bill 2008 (Cth)

A right of resale, or droit de suite (a right to follow), is a legislative instrument under intellectual property law, which enables artists to receive a percentage of the sale price whenever artistic works are resold. A French legal scholar, Albert Vaunois, first articulated the need for a 'droit de suite' in connection with fine art back in 1893. The French Government introduced a scheme to protect the right of resale in 1920, after controversy over artists living in poverty, while public auction houses were profiting from the resale of their artistic creations. In the United States, there has been less support for a right of resale amongst legislatures. After lobbying from artists such as the king of pop art, Robert Rauschenberg, the state of California passed the Resale Royalties Act in 1977. At a Federal level, the United States Congress has shown some reluctance in providing national recognition for a right of resale in the United States. A number of other European countries have established a right of resale. In 2001, the European Council adopted the Artists' Resale directive and recognised that the 'artist's resale right forms an integral part of copyright and is an essential prerogative for authors.' In 2006, the United Kingdom promulgated regulations, giving effect to a right of resale in that jurisdiction. However, a number of Latin American and African countries have established a right of resale. The New Zealand Parliament has debated a bill on a right of resale.

Transnationalism and the Karen wrist-tying ceremony: An ethnographic account of Karen settlement practice in Brisbane

When settling, people often use cultural schema from their original homeland to build familiarity in unfamiliar surrounds. This paper draws on ethnographic fieldwork conducted by the first author in Brisbane, with the Karen community from Burma, during which participant observation and interview methods were used. We present an ethnographic account of the Brisbane Karen wrist-tying ceremony. The ceremony acts as an insight into the challenges for Karen whilst settling into Australia. It reflects multiple accounts of history and tradition, but simultaneously speaks to emerging, contemporary Karen contexts. This research contributes to richer understandings of settlement: it frames transnational cultural practice as a flexible mode of integration, rather than an exclusionary mode of othering. We propose that the integrative discourse of the ceremony creates familiarity and social connection in local and diasporic spaces. This acts as a counter to the challenges of Karen settlement including the negotiations of local/global identity politics.

Overview of design concepts of traditional Iranian architecture and its reflections in Iranian contemporary architecture

This article has attempted to investigate the patterns of traditional architecture in Iran's warm and dry climate and whether these patterns have been attended to in Iran's contemporary architecture or not. Since the two elements of culture and climate are much significant in Iran's traditional constructions, this article aimed at dealing with subjects such as the causes of the shapes of traditional buildings in Iran's warm and dry climate in constructions like houses, schools, mosques and bazaars, and why they were constructed in those shapes, and also considering their patterns in these places in the light of cultural and climatic aspects, and their cultural and climatic relationships and investigating cultural-climatic causes of the directions and situations designed for the spaces present in these buildings and finally it is intended to classify the conceptual patterns of the traditional architecture of Iran's warm and dry climate. The article is going to consider the amount of using these patterns in Iran's contemporary architecture. The study has been conducted using library and field method.

Design a zero energy house in Brisbane, Australia

Due to the increasing energy demand and global warming effects, energy efficient buildings have become increasingly important in the modern construction industry. This research is conducted to evaluate the energy performance, financial feasibility and potential energy savings of zero energy houses. Through the use of building computer simulation technique, a 5 stars energy rated house was modelled and validated by comparing the energy performance of a base case scenario to a typical house in Brisbane. By integrating energy reduction strategies and utilizing onsite renewable energy such as solar energy, zero energy performance is achieved. It is found that approximately 66 % energy savings can be achieved in the household annual energy usage by focusing on maximizing the thermal performance of building envelope, minimizing the energy requirements and incorporating solar energy technologies.

Mapping the experiential in contemporary dance

The research questions how a ‘lived experience’ of contemporary dance could be deepened for the audience. It presents a series of choreographic ‘tools’ to create alternative frameworks of presentation that challenge the dominant modes of creation, presentation and meaning making in contemporary dance. The five tools established and applied in this research are: variations of site, liminality, audience agency, audience-performer proximity and performer qualities. These tools are framed as a series of calibrated scales that allow choreographers to map decisions made in the studio in relation to potential audience engagement. The research houses multiple presentation formats from the traditional to the avant-garde and opens up possibilities for analysis of a wide range of artistic dance works. This research presents options for choreographers to map how audiences experience their work and offers opportunities to engage audiences in new and exciting ways.

Creating a global law graduate: The need, benefits and practical approaches to internationalise the curriculum

The increasingly integrated world has facilitated important international and trans-border trends, such as a progressively connected global economy, a significant growth in transnational business transactions and an increase in global regulation of global issues. Such globalisation has had a transformational impact on the legal profession in a number of ways. These include the need to provide advice on issues or transactions that have a transnational or international element; the increasing globalisation of large law firms; and the delivery of offshore services by legal service providers. This means that not only do law graduates need to be prepared to practice in an increasingly globalised economy and legal profession, there will also be new career opportunities available to them which require understanding of international law, for example in emerging international institutions and non-government organisations. Accordingly there is a need to ensure that law students develop the knowledge and skills they will require to succeed in a globalised legal profession. That is, there is a need to internationalise the law curriculum. This paper provides an insight into the recent progression of law schools in internationalising the law curriculum and provides practical avenues and strategies for the increased integration of international law, foreign law and a comparative perspective into core subjects which will develop the graduates’ knowledge and skills in international and foreign law, in order to enhance their ability to succeed as legal professionals in a globalised world.

The right fit: Christian Street House

Embracing the pleasures of constraint, this new house by James Russell Architect was designed to contextually inspired principles, creating a social and relaxed environment that suits the location’s subtropical way of life.

(Un)dead Japan: A genre analysis of the Japanese zombie film

This study is an in-depth examination of the stylistic and generic characteristics of the Japanese zombie film and its relations to Japanese horror cinema and the conventions and tropes of Western zombie movies more generally. Through generic analysis of key Japanese zombie films released over the last 15 years, this study establishes the sub-genre's ties to transnational production practices and cult cinema. The first monograph length study of this kind, this study provides insight into the growing sub-genre of Japanese zombie films while concurrently broadening current scholarship and understanding of the zombie film genre.

New Curriculum History

"Rereading the historical record indicates that it is no longer so easy to argue that history is simply prior to its forms. Since the mid-1990s a new wave of research has formed around wider debates in the humanities and social sciences, such as decentering the subject, new analytics of power, reconsideration of one-dimensional time and three-dimensional space, attention to beyond-archival sources, alterity, Otherness, the invisible, and more. In addition, broader and contradictory impulses around the question of the nation - transnational, post-national, proto-national, and neo-national movements – have unearthed a new series of problematics and focused scholarly attention on traveling discourses, national imaginaries, and less formal processes of socialization, bonding, and subjectification. New Curriculum History challenges prior occlusions in the field, building upon and departing from previous waves of scholarship, extending the focus beyond the insularity of public schooling, the traditional framework of the self-contained nation-state, and the psychology of the schooled individual. Drawing on global studies, historical sociology, postcolonial studies, critical race theory, visual culture theory, disability studies, psychoanalytics, Cambridge school structuralisms, poststructuralisms, and infra- and transnational approaches the volume holds together not despite but because of differences and incommensurabilities in rereading historical records. Audience: Scholars and students in curriculum studies, history, education, philosophy, and cultural studies will be interested in these chapters for their methodological range, their innovations and their deterritorializations."--publisher website