Author: The Hon Peter Heerey AM QC

Defteros v Google LLC [2020] VSC 219

Mr George Defteros is a solicitor specialising in criminal law. He acted for a number of defendants to criminal charges arising out of Melbourne’s Gangland wars of the 80s and 90s.

He sued Google LLC for defamation arising out the results of searches made available by Google’s search engine.

Fearless in the face of bull: using Australian discovery in US litigation

Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia

Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation

Motor tyre brand overcomes a MONSTER obstacle

Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use

Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records

BEGAs can’t be choosers

Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement

Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding