Task:

Students are provided with a case study and they are required to write professional memorandum of advice to a senior partner at a law firm. The submission must be in the format of a memorandum of advice using headings and using IRAC to form convincing legal arguments.

Case Study:

Students are required to provide a memorandum of advice on a case study relating to copyright law using the IRAC model to provide convincing legal arguments. Mimi Ciara is an Australian designer who has been known since the 1980s for designer clothes with a distinct "That's Posh!" printed on T-shirts. The 'That's Posh logo' was printed on the T- shirt several times to create what looks like a pink lipstick stain on the front (middle centre) of the T-shirt. Mimi runs a small business and has not sought advice from a lawyer - Mimi has therefore not registered the T-shirt as a design in Australia. She really did not think that registering it as a design was necessary. During the late 1990s, Mimi sold her company and brand (including any IP rights) to a larger company and became part of the very famous brand, Estetica Pty Ltd. However, for a number of years, Mimi's T-shirts were not particularly popular. This changed in 2015 when Estetica reintroduced the brand into the Australian fashion scene, using several influencers and celebrities to market the T-Shirt. However, a company famous for imitating other brands, Surreal Pty Ltd ('Surreal'), has started manufacturing a T-shirt that imitates the design by Mimi, as owned by Estetica. Surreal has changed the colour to a dusty rose and instead of using the words "That's Posh", they have used the words, "Let's Pash". The 'Let's Pash logo' has been printed numerous times on the T-shirts forming a dusty rose-coloured set of lips on the front of the T-shirt (middle center). You are a junior solicitor working at large law firm in Melbourne. Estetica is your client who wants advice pertaining to copyright law. The senior partner has asked you to draft a memorandum of advice based on the above information.

In your memorandum of advice, could you please address the following question:

Does Estetica Pty Ltd have a strong infringement case against Surreal Pty Ltd under copyright law?

Please remember:

a) It is recommended that students use the provided template for a Memorandum of Advice to structure their submission similar to the following:

Dear [insert name of superior], Introduction: In this matter, I am instructed to advise whether... [provide your instructions and insert main legal issue] [Insert how you will structure your MOA and any other important information]

Summary of Advice 1. XXX: [insert your main recommendations in terms of IP - rights/ obligation for your superior to consider]

2. YYY: [insert your alternatives to the main recommendation for your superior to consider]

3. ZZZ: [Your discretion] I suggest completing this part at the end, after your analysis, and you have a clear basis for your recommendation. Legal Issues Legal Issue 1: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow]

Legal Issue 2: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow]

Legal Issue 3: [Use IRAC to structure a legal argument] [Please use headings to make your argument easy to follow] Legal Issue... Etc.

Conclusion: [Summarise your conclusions (likely legal outcome) and the impact of your advice]

b) The submission should use AGLC4 that uses footnotes and the memorandum should contain a bibliography. formulate 1250 words (+/- 10%) excluding references and bibliography (AGLC4)

c) You must use the IRAC model to structure a convincing legal argument.

d) Please refer primarily to relevant law (case law; legalisation within Australia ) as appropriate to make alegally convincing argument. Sources such as journal articles, reports, textbooks etc. are alsoaccepted but remember that these are secondary in nature to case law and legislation.

The following can be used:

Statutes/ legislation/ acts The Copyright Act 1968 (Cth) Patent Act 1990 (Cth) Trade Marks Act 1995 (Cth) Designs Act 2003 (Cth)

PLEASE TAKE YOUR TIME AND MAKE SURE ALL SECTIONS ARE COVERED:)