State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 3)

In the Federal Court, State Street Global Advisors Trust Company brought an action against Maurice Blackburn Pty Ltd regarding the display of a replica of the "Fearless Girl" statue. The original statue, located in New York, was created by Kristen Visbal and owned by State Street. Maurice Blackburn, a law firm, purchased the replica from Visbal and had plans to display it publicly. The dispute centred around the public display of this replica and the associated legal implications, including whether Maurice Blackburn could legally display the replica without infringing on State Street's rights.

The court was required to determine whether Maurice Blackburn could lawfully display the replica of the "Fearless Girl" statue, and if so, under what conditions. The primary legal issues were whether the display of the replica would infringe on State Street's intellectual property rights and whether Maurice Blackburn was required to include a disclaimer to avoid such infringement. Additionally, the court had to consider the apportionment of costs and whether there were grounds for awarding indemnity costs.

The court concluded that Maurice Blackburn could display the replica of the "Fearless Girl" statue provided that any plaque or markings accompanying the display included specific disclaimers. These disclaimers must clarify that the replica was a limited edition reproduction, owned by Maurice Blackburn, and had no association with State Street. The court also determined that the costs of the proceeding should be borne by State Street, but the specifics of any lump sum order for costs would be referred to a Registrar for determination. The court's ruling allowed Maurice Blackburn to display the replica under the specified conditions and ordered State Street to cover the legal costs of the proceeding on a party/party basis.

The orders made by the court included restrictions on the public display of the replica, a release of Maurice Blackburn from previous undertakings, and specific conditions for the disclaimer to be included with the replica. The proceeding was dismissed otherwise, and the question of any lump sum order for costs was referred to a Registrar. Additionally, the court granted liberty to apply for modification or discharge of the order concerning the display of the replica.