Results for "consumer data right"
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New .au direct domain names available for registration from 24 March 2022
Further to our last update, new .au direct domain names (eg 'allens.au' instead of 'allens.com.au') have officially launched today. Eligible applicants will have a six month window to apply for priority status to register a .au direct domain name that matches their existing .au domain name. ...
Botox, floor plans and gaming machines – a High Court update
Three important IP cases are now before the High Court of Australia. They cover a range of key issues and have the potential to clarify Australian law in some key respects, and may have a significant impact on creators and innovators, as well as users of IP. ...
Where did you get those shoes? Manolo Blahnik seeks preliminary discovery against Estro Concept
Luxury shoe brand Manolo Blahnik sought preliminary discovery from designer outlet store Estro Concept (Estro) to determine whether it had a right to obtain relief for trade mark infringement and misleading conduct. ...
'Fearless Girl' replica still standing after legal battle
State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as 'Fearless Girl', has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
From Notepads to iPads – copyright protection in a digital world
With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...
Acquiring a business? How to 'transfer' social media accounts
Our IP team frequently assists with the sale or purchase of a business, advising on the scope of relevant IP to be transferred and how to transfer that IP ...
Sachin hits Spartan for six
The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...
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 ...