Results for "consumer data right"
501-510 of 855 results for 'consumer data right'
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. ...
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. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
Sustainable procurement: five tips to manage ESG risk in your supply chain contracts
Suppliers and service providers are a critical input into an organisation's ESG footprint, with supply chain contracts offering a key opportunity for businesses to realise their ESG goals. We provide our top tips on how businesses can optimise their supply chain contracts to meet ESG objectives. ...
You can't always get (the trade mark registration) you want: Rock Royalty, Aunty Helen, Jacindarella and bad faith
Does a trade mark for JAGGER & STONE remind you of a certain rock band? Should New Zealand's former Prime Minister have the right to oppose trade mark registration of her nickname? Recent Trade Mark Office decisions in Australia and New Zealand shine a light on the opposition ground of bad faith. ...
Albert Namatjira's family wins decades-long battle for compensation
The descendants of one of Australia's most well-known artists, Albert Namatjira, have finally received compensation for decades of missed royalties. ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Discouraging Innovation?
More companies are investing in software-based products, including those using machine learning, blockchain and the internet of things. But how has the Australian Patent Office been processing patent applications for computer-implemented inventions in the current climate? Senior Associate Robert Mun ...
Fishing at one's discretion – Trident Seafoods Corporation v Trident Foods Pty Limited
In a dispute over the 'Trident' trade mark, Justice Gleeson considered that the residual reputation a subsidary held over its parent company warranted the mark remaining on the Register. ...