Results for "consumer data right"
341-350 of 545 results for 'consumer data right'
The Full Federal Court has its say on authorisation of copyright infringement
The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...
Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Recently, Justice Moshinsky of the Federal Court granted an interlocutory injunction to restrain a patentee from making further threats of infringement proceedings against the customers and potential customers of an entity against whom the patentee had already made threats. Historically, interlocuto ...
When is a social media post clearly an #ad?
Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...
Removal of trade marks for non-use – a bittersweet end for "LIME"
A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth).1 The Taxiprop decision c ...
Enhancing oversight and governance of managed investment schemes
In the wake of the Shield Master Fund and First Guardian Master Fund collapses, the Australian Government has released a Consultation Paper on 'enhancing oversight and governance of managed investment ...
New 12th edition Nice Classification comes into force 1 January 2023
The World Intellectual Property Organization (WIPO) has announced that the 12th edition of the Nice Classification – the international system for classifying goods and services for registering trade marks – will come into force in the new year, on 1 January 2023. ...
New consoles, new games, old copyright
The release of new video game consoles (including the PlayStation 5, Xbox Series X and the improved Nintendo Switch) will likely increase user-generated content – in both in-game creations and the volume of gameplay that is streamed within the wider gaming community alike. ...
Fake online reviews – serving an application for discovery on an overseas company
Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...
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. ...