101-110 of 299 results
Exhaustion of rights doctrine is now in Australia
Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market. ...
RCEP: Australia signs largest free trade agreement in the world
On 15 November 2020, Australia, China, Japan, Korea and New Zealand joined the Association of Southeast Asian Nations ( ASEAN ) to sign the Regional Comprehensive Economic Partnership ( RCEP ), ...
Removal of trade marks for non-use – a bittersweet end for "LIME"
A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth). 1 The Taxiprop decisi ...
Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
In recent proceedings before the Federal Court, Allergan was unsuccessful in its claim for infringement of its registered BOTOX trade marks against Self Care. Allergan alleged that Self Care ...
A battle with Banksy
Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...
Copyright in the Aboriginal flag
A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...
The Ripple effect: unintended consequences of poor international trade mark awareness
The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...
Burger rivals in dispute with the lot
McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...
UK Supreme Court affirms jurisdiction to determine global FRAND terms
The UK Supreme Court's decision in Unwired Planet v Huawei confirms that disputes between organisations that own these patents, and equipment manufacturers that use the patents, can be brought and resolved on a worldwide basis in England. ...
Australia rebranded? A new logo in tough times for trade and travel
Australia's new 'wattle' logo is intended to represent Australia in the international trade arena. Detailed arrangements governing its use are still to come. Stay alert for details of forthcoming governance arrangements which will define the circumstances in which the new logo can be applied. ...