Results for "consumer data right"
411-420 of 843 results for 'consumer data right'
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
High Court relieves anxiety with key patent decision
In the latest in Australia's longest-running pharmaceutical patent term extension litigation, the High Court has found Sandoz infringed a patent, owned by Lundbeck, for a drug used to treat anxiety and depression, by selling generic products during an extended term of the patent ...
Lessons on product branding and trade mark use in the context of halal certification
In Halal Certification Authority v Flujo Sanguineo Holdings, the court dismissed Halal Certification Authority Pty Ltd's (HCA) claims of trade mark infringement, misleading or deceptive conduct and passing off against the Flujo Group of companies relating to the use of a halal-related trade mark, and ordered that its registration for that mark be cancelled. ...
Exhaustion of rights doctrine is now in Australia
Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market. ...
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 ...
Why is the TGA alleging copyright infringement against Craig Kelly's text messages?
The reproduction of selected extracts from the DAEN on a website controlled by Craig Kelly's United Australia Party (UAP) without the consent of the Federal Government as copyright owner, is likely to amount to copyright infringement. ...
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...
Class action risk: interim update
Class action filings in 2023 are on pace to significantly outstrip the number of claims filed last year, reverting to the trend of elevated filings seen over recent record setting years. ...
Captive to no one: Australian Government releases its Ransomware Action Plan
The Department for Home Affairs has released the Australian Government's Ransomware Action Plan (the Plan). This development forms part of the Government's Cyber Strategy and is the latest in a series of actions taken by the Government to combat the escalating threat of ransomware and extortion. ...