61-70 of 312 results
The Australian Government reframes (and slightly narrows) its public licence of the Aboriginal Flag
If you are considering using the Aboriginal Flag in your marketing and advertising, or otherwise as part of your business, keep the new restrictions in mind. ...
Leveraging IP in a future minerals world
Future minerals, such as lithium, copper, nickel and rare earths, are critical to many clean energy technologies and the transition to renewable energy solutions. ...
Franchise disclosure register - complete your profile now!
Most franchisors in Australia are required to have registered on the new Franchise Disclosure Register (Register) by Monday 14 November 2022. We briefly summarise the obligations that franchisors must meet before the Register goes live on Tuesday 15 November 2022. ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...
What's the dish on dishwashing trade marks?
The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...
Case of the 'x' – collaborations in the metaverse
The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...
The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...
In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...