231-240 of 336 results
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 ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
BODalicious Instafamous stars come to litigious blows
Two sporty insta-celebrities Sophie Guidolin and Rachael Finch have clashed over the alleged trademarked term 'Bod' and who gets to use it after. ...
BetEasy raises the stakes in brand war with Sportsbet
BetEasy raises the stakes in brand war with Sportsbet In a continuing legal battle over wagering brand names. CrownBet, now known as BetEasy, is seeking cancellation of the SPORTSBET trade mark on the same grounds Sportsbet used to successfully oppose its rebranding. ...
Nurofen maker in need of fast pain relief
Paracetamol manufacturer Hence Reckitt Benckiser has discovered that inaccurate and unbalanced comparative claims that don't reflect the overall picture can cause big headaches, even where those claims have some support. ...
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. ...
'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. ...
Strengthening protection of Indigenous Culture and Intellectual Property
Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Defamation law developments in the digital context
The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...