Results for "consumer data right"
541-550 of 831 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. ...
A tender approach to genetic testing
The year has got off to a good start for innovators, with the Federal Court providing some assurance that methods of genetic testing continue to be patentable in Australia. But tender news for some can be a tough outcome for others. ...
Four key principles from Sigma v Wyeth
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. ...
What’s in a name? Famous faces and their famous trade marks
For a celebrity, your name is your business. It is no surprise then that celebrities will go to great lengths to protect their brand. This is clear from a recent flurry of A-list trade mark activity including by the likes of Kim Kardashian West, Kylie Jenner and Beyoncé. ...
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 ...
The Australian Government reframes (and slightly narrows) its public licence of the Aboriginal Flag
If you are considering using the Aboriginal Flag in your marketing and advertising, or otherwise as part of your business, keep the new restrictions in mind. ...
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 ...