151-160 of 184 results
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 infringed ...
Down-scheduling CBD and growing Australia's cannabis industry
The Therapeutics Goods Administration is proposing amendments to the Poisons Standard to permit pharmacists to sell low-dose cannabidiol (CBD) products without a prescription. Businesses intending to import, manufacture and supply cannabis products in the Australian market should monitor these developments closely. ...
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. ...
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. ...
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. ...
Booking.com not so generic.com in the US?
The US Supreme Court held that Booking.com is not a generic term and can be registered as a trade mark, presenting an opportunity for online businesses trading in the US under 'generic.com' domain names to seek trade mark registration. ...
Lorna Jane antivirus activewear claims don't workout
A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...
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. ...
Designs amendment on the horizon: is this the saving grace for Australian designs?
The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...