Results for "consumer data right"
381-390 of 573 results for 'consumer data right'
Fake online reviews – serving an application for discovery on an overseas company
Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...
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 ...
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
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. ...
Breaking news
Two important developments have unfolded over the past week. The InIP editors report ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...
What do the Swiss and artificial sweetener have to do with patents?
The recent Federal Court decision in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28 deals with fascinating issues for patentees seeking to enforce Swiss-style claims against makers of bioequivalent products. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...
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. ...