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Honest concurrent use: a rock-solid reminder of the importance of specific evidence
Insight 28 Aug 2020

A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...

Swiss claims and skinny labels: Full Federal Court considers infringement
Insight 28 Aug 2020

An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...

Booking.com not so generic.com in the US?
Insight 28 Aug 2020

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. ...

In Touch: ACCC's first enforcement action for an alleged breach of the Electricity Retail Code; Federal Court explores the meaning of 'prepayment'; and other developments
Insight 17 Aug 2020

The ACCC pursues Sumo Power over its electricity plans; interim report on Murray–Darling Water Markets Inquiry; 'prepayment' examined by Federal Court in ACCC v TPG; Locality Planning Energy fined for alleged breach of the Electricity Retail Code; and proceedings against Decathlon over sale of allegedly unsafe sporting goods. ...

Cyber security by design: Australia's (future) Cyber Security Strategy
Insight 13 Aug 2020

The Federal Government released its much anticipated Cyber Security Strategy 2020 Report on 6 August. The Strategy builds on the foundations of its 2016 predecessor and closely follows the recommendations made by the 2020 Cyber Security Strategy Industry Advisory Panel in its July report. ...

Consultation begins on the CDR energy rules framework
Insight 11 Aug 2020

An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...

Changes ongoing for product liability and compliance during COVID-19
Insight 07 Aug 2020

Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...

The ACCC's new case on Google's collection and use of consumer personal information
Insight 03 Aug 2020

In a landmark case, the ACCC alleges that Google failed to obtain explicit and informed consent from its consumers about the use of their data and acted contrary to representations made in its privacy policy. ...

In Touch: ACCC seeks clarity on unconscionable conduct; Medibank receives $5 million penalty for misrepresentations to members; continued cooperation in the era of COVID-19; and other developments
Insight 22 Jul 2020

ACCC seeks clarity on unconscionable conduct; ACCC clears Elanco's acquisition of Bayer's animal health business; ACCC chimes in on transparency in music licensing; Medibank receives $5 million penalty for misrepresentations to members; Kogan misled consumers with EOFY promotion; and continued cooperation in the era of COVID-19 ...

Nucleus – corporate law developments: FIRB introduces temporary streamlined exemption certificates; ASIC issues guidance on product intervention power; ACCC raises concerns about two digital mergers; and other corporate law developments
Insight 16 Jul 2020

Nucleus – corporate law developments: FIRB introduces temporary streamlined exemption certificates; ASIC issues guidance on product intervention power; ACCC raises concerns about two digital mergers; and other corporate law developments ...

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