491-500 of 844 results for 'consumer data right'

Banksy stops unauthorised merchandising in Italian museum
Insight 18 Apr 2019

A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...

Sachin hits Spartan for six
Insight 24 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

Defamation law developments in the digital context
Insight 20 Jun 2018

The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...

Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Insight 05 May 2022

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 ...

Court calls last drinks on URBAN ALE trade mark
Insight 15 Dec 2020

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 ...

Will Ed Sheeran be facing copyright lawsuits for The Rest of Our (or his) Life?
Insight 22 Feb 2018

It's a new year and, in what is seemingly becoming an annual tradition, a new copyright infringement lawsuit has been filed against pop superstar Ed Sheeran. ...

Four key principles from Sigma v Wyeth
Insight 19 Dec 2018

Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...

No relief in PBS price changes for originators seeking injunctions
Insight 22 Feb 2018

Patentees may face heightened risks when changes to the Pharmaceutical Benefits Scheme (PBS) take effect later this year. Special Counsel Ric Morgan and Associate Claire Gregg explain. ...

Nurofen maker in need of fast pain relief
Insight 22 Feb 2018

Paracetamol manufacturer Hence Reckitt Benckiser has discovered that inaccurate and unbalanced comparative claims that don't reflect the overall picture can cause big headaches, even where those claims have some support. ...

Bikinis from Way-back-when
Insight 17 Dec 2019

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

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