Results for "consumer data right"
341-350 of 520 results for 'consumer data right'
The great escape: tote bags found not to be works of artistic craftsmanship
In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...
Copyright in software – the latest word from the Federal Court
The Federal Court has handed down its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809 in a decision with important implications for copyright enforcement in software under Australian law. ...
Court calls last drinks on URBAN ALE trade mark
Is URBAN ALE a distinctive trade mark? Would you consider the words URBAN PALE (displayed prominently on your stubby) to merely describe the type of beer? Are inner-city breweries 'cool', 'trendy' and ...
The house always wins – the latest on Crown Resorts v Zantran
The Full Federal Court has overturned the trial decision in Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1, and cast further light on the enforceability of employee confidentiality agreements in the context of civil litigation. ...
InIP: What's happening in intellectual property - February 2023
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
Only Fools (Ltd) infringe the copyright that subsists in a character, says UK court
The Intellectual Property Enterprise Court in the UK recently determined that various entities infringed the copyright that subsisted in the character known as 'Del Boy' from the television show Only Fools and Horses. ...
In-N-Out of court again
Hashtag Burger Pty Ltd (Hashtag Burgers) has lost its appeal against In-N-Out Burgers, Inc. (INO Burgers) in the Full Court of the Federal Court of Australia in a bid to overturn Justice Katzmann's finding of trade mark infringement, misleading and deceptive conduct and passing off. ...
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. ...
Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...