Scenario :The Spanish Kitchen is a popular Spanish tapas restaurant that has been in operation for a year in Perth. Alice, the owner of The Spanish Kitchen, has decided that they should market The Spanish Kitchen a bit better online and sets up a website for it. She does not have time to get some professional photos taken of their food or the restaurant but is keen to have the website set up as soon as possible. Alice finds some photos from the social media Instagram account of another Spanish restaurant in Melbourne called El Quinto. She likes the look of these photos which are of dishes like what The Spanish Kitchen serves. She downloads the photos from El Quinto's Instagram and posts these on the new website of The Spanish Kitchen. Alice also devises a logo for The Spanish Kitchen - she draws up an image of a raging bull and places the words The Spanish Kitchen in stylised font below the image. She aims to use this logo (comprising the raging bull image and stylised words) for all marketing purposes, including on the website and on their shop font.

Barry is a kitchenhand who works at The Spanish Kitchen in his spare time. As a kitchenhand, he assists with various tasks in the kitchen e.g., chopping, cleaning, preparation of ingredients etc. He is also a software programming student, and while observing the kitchen operations he finds that the existing online takeaway ordering system used by The Spanish Kitchen could be improved substantially. In his spare time, he writes a whole new software program that collects customer orders, then automates and calculates the start of the cooking time based on how long certain dishes take to do and the estimated pickup time. The program ensures the workflow in the kitchen aligns with the estimated order pick-up times. In Barry's view the automated workflow system is highly functional as it increases the efficiency of the kitchen operations.

Based on the above scenario, please advise on the following matters and explain the legal basis for your answer, identifying additional information where necessary. Assume that no contracts or agreements exist between the parties. You should limit your answers to Australian patent, trade mark and copyright law and specify which of these three areas of IP you are discussing. Several areas or only one area might be relevant to a particular question.

QUESTIONS

1. Is Alice at risk of infringing Intellectual Property (IP) through her use of the photos from El Quinto's Instagram? '

Refer to leading relevant Australian Legislation Statutes regarding patent, trade mark and copyright law whichever is relevant to the question itself.

For thisIRAC Legal Essay Based on the Question abovediscuss3 critical relevant issues (detailed)concerning the question above and each issue should have a detailed reference to the specific leading and relevantAustralian Legislation statute (based on question above)or sub statute and anappropriate relevant legal case (for each issue)Also the Australian Legislation statutes should be different for each issue discussed .

In IRAC Legal Essay Format. In a structured and coherent format.

Discuss the issue of the question succinctly. Do not copy the question itself.

In Law section : So first discuss the leading legal statutes in detail related to the question and their prominent case laws separately (background of case law, legal tests established/doctrine).If you can find a prominent counterargument with a case law (background provided tests established) must do that.

Then apply the case law discussed in the application to the case study scenario.

In the conclusion come up with your findings and solutions/remedies to the question.

Counterargumentsplay a crucial role in demonstrating critical thinking and can be woven into both short and long-answer responses.Have 3 of them for each of the main issues you discuss and provide a legal case for each counterargument.

Afterwardsapplythe 3 critical issues along with their legal statutes and legislation and counter arguments to the question scenario above and be very detailed about it.Then conclude this properly and what was established by this .Please in an IRAC Legal Essay Format.

[Note that this is requires use of the four-step process/IRAC method.Need Case law for each issue and relevant Australian Statutes for each issue in detail.

IRACis a methodology for legal analysis, and stands for Issue, Rule, Application and Conclusion. Your first step should be to identify the issue or legal question at hand. Secondly, you state and explain the rules (legislation or case law) that are relevant in deciding the issue identified. The third step is to apply the rules that you explained in the section above to the facts at hand. Finally, you conclude on the issue that you had identified in the first step.

Remember step 2 and 3 in IRAC are the ones which most information should be written upon.