191-200 of 288 results
Fairfax says it's the BOSS
Network 10 has recently undergone a rebrand, with new channel names and logos. However, this was not without controversy, after Fairfax Media raised concerns about potential trade mark infringement. ...
A pattern of infringement
The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manu ...
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
McDonald's gets bite taken out of trade mark portfolio
The European Union Intellectual Property Office recently revoked the McDonald's 'BIG MAC' trade mark. Associate Emma Gorrie and Summer Clerk Spiro Kalavritinos detail how one of the world's most well-known brands suffered this blow in relation to its namesake product. ...
Major new proposals for regulating personalised medical devices
Proposed amendments to the regulation of personalised medical devices, which introduce a set of new internationally haromised definitions will have a significant impact on the industry ...
Review your IP arrangements: IP exemption from competition laws soon to be repealed
Section 51(3) of the Competition and Consumer Act 2010 (CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive conduct in the CCA, will be repealed. ...
The EU Copyright Directive – still more questions than answers
Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European Union gave the Directive the green light. This means Member Sta ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...