Well-regarded by peers for its work for collecting societies and copyright work, Banki Haddock Fiora had a busy year handling a number of high-profile cases, with several at the Copyright Tribunal.
Partner Kate Haddock successfully acted for the Copyright Agency against the State of New South Wales. The case concerns whether the State government holds an implied licence to use survey plans for free when the Copyright Act requires a statutory licence. The Tribunal has yet to decide rates and terms of use. In another Copyright Tribunal matter, Peter Banki is assisting the Audio-Visual Copyright Society in determining remuneration owed by subscription television providers for retransmitting free-to-air broadcasts on multi-channels.
Simon Kneebone and Margaret Shearer form part of an impressive trade mark practice. Shearer and litigator Julie Robb represented Nestlé in its opposition to Mars Australia's trade mark application for the Whiskas Purple colour for cat food. Nestlé also looked to the team in an opposition to a Kit Kat shape mark lodged by Aldi Stores. The parties ultimately agreed to resolve the appeal by consent and the shape mark was registered.
"I use Banki Haddock Fiora because of the professionalism, quality and experience it brings to my matters," says one client. "Margaret Shearer is particularly impressive. She is an expert in her field and a pleasure to work with. She is incredibly prompt with her advice."