Results for "consumer data right"
371-380 of 575 results for 'consumer data right'
In-N-Out of court again
Hashtag Burger Pty Ltd (Hashtag Burgers) has lost its appeal against In-N-Out Burgers, Inc. (INO Burgers) in the Full Court of the Federal Court of Australia in a bid to overturn Justice Katzmann's finding of trade mark infringement, misleading and deceptive conduct and passing off. ...
No grounds for opposition for coffee merchants
Parties seeking to oppose (or defend an opposition to) a trade mark registration now have greater clarity over what constitutes use of a trade mark 'in the course of trade' thanks to a recent decision by the Federal Circuit Court of Australia. ...
No relief from pain for Maxigesic claims
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...
Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
'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. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
Carbon trading platforms – what's happening in Australia's rapidly growing market?
Demand for Australian Carbon Credit Units (ACCUs) and other carbon credits, continues to surge domestically. To date, carbon credits trades in Australia typically involve the purchaser and seller entering into carbon credit offtake agreements, which can entail complexity and cost. ...
Emerging business risks in 2025
We are in the midst of rapid technological advancements, shifting regulatory and political landscapes, evolving social expectations and visible impacts of climate change. ...
Mic drop – the Federal Court finds infringement of a registered design
Registered designs are an important, but sometimes overlooked, form of intellectual property. A recent Federal Court decision has reiterated a number of important principles of Australian designs law, and is a timely illustration that registered designs can be a powerful tool to help organisations protect the visual appearance of their products. ...