1171-1180 of 4127 results
What's the dish on dishwashing trade marks?
The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Troubled waters for Ports deal signals increased ACCC scrutiny of transactions involving common ownership and minority interests
It seems there are stormy seas ahead for common ownership issues in Australia, as the ACCC has indicated an increased appetite to scrutinise transactions involving parties with minority interests or common ownership in competing firms. ...
Tax Summit 2022: Capital Management and M&A
At the annual Tax Institute Tax Summit, Partner Joseph Power and Managing Associate Jay Prasad delivered a paper on 'Capital Management and M&A'. It examines the new proposed tax integrity rule for franked distributions funded by capital raisings, the decision in Aurizon and capital contributions, how the ATO's views on demergers have (re)shaped the demerger landscape and some tips and traps when paying a special dividend in connection with a scheme of arrangement. ...
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...
Allens named M&A Legal Adviser of the Year by Mergermarket
Allens has been named M&A Legal Adviser of the Year in the Mergermarket M&A Awards 2022, as well as Private Equity Legal Adviser of the Year, Cross-border M&A Legal Adviser of the Year, and Pharmaceuticals, Medical and Biotech M&A Legal Adviser of the Year. ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
Earn-out consideration under a scheme of arrangement – the art of the possible
The recent acquisition of an unlisted public company Crestone Holdings Limited has established a new market precedent involving the use of earn out consideration under a scheme of arrangement. ...
Class action risk: interim update
Filings are down, but impact too early to call. 2022 is shaping up as the year that bucks a number of long-running class action trends. Filings are materially down on prior years, and the claims that have been filed are somewhat at odds with recent trends. ...