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What's happening in intellectual property - April 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
Burger rivals in dispute with the lot
McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...
High Court refuses liquidator special leave to appeal in unreasonable director-related transaction case
Last year, we published an Insight on a Federal Court decision where the plaintiff liquidator was successful in having a mortgage declared an unreasonable director-related transaction under s 588FDA o ...
COVID-19™ – will coronavirus-related trade marks and patent pooling be part of the new normal?
No COVID-19 related trade marks have yet been registered in Australia; however, several applications are pending, and at least one mark containing the word COVID has been accepted for registration. ...
Overcoming roadblocks to blockchain inventions
In welcome news for technology innovators, a delegate of the Commissioner of Patents recently determined that certain blockchain inventions constituted patentable subject matter. ...
Unlocking the potential in IP assets as collateral for finance
Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...
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. ...
Straight outta USDC: dangers of using a celebrity's name, image or likeness
Ice Cube recently filed proceedings in the US against the popular trading app Robinhood, to freeze the use of his image and likeness. This highlights the dangers of advertisements using the name, image or likeness of a celebrity without their consent. ...
Franchising in the spotlight
Franchising issues are top of the agenda, with the Senate beginning a parliamentary inquiry into the operation and effectiveness of the Franchising Code of Conduct. Meanwhile, the ACCC has recommitted itself to focusing on Franchising Code issues and business-to-business unfair contract terms. ...
Designs amendment on the horizon: is this the saving grace for Australian designs?
The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...