Results for "consumer data right"
341-350 of 561 results for 'consumer data right'
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. ...
The Ripple effect: unintended consequences of poor international trade mark awareness
The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
'Oh why' did you copy me? 'Oh I' did no such thing - the UK High Court rules in favour of Ed Sheeran in copyright dispute
The UK High Court has ruled in favour of Ed Sheeran in a copyright dispute concerning his hit song 'Shape of You'. The court held that Ed Sheeran had not, deliberately or subconsciously, copied the hook of an earlier song, 'Oh Why'. We consider this fascinating decision in more detail below. ...
IP reform update – demise of innovation patents, and government powers in a crisis
The latest package of Australian IP law reform became law on 26 February 2020, when the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 – part of the Federal Government's response to the Productivity Commission's 2016 report on IP arrangemen ...