Results for "consumer data right"
551-560 of 843 results for 'consumer data right'
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. ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
What does Blackbeard have in common with North Carolina?
They're both pirates! At least, that is video production company Nautilus Production's allegation before the Supreme Court of the United States (SCOTUS), which has been asked to ponder the copyright in materials relating to Queen Anne's Revenge, the ship belonging to infamous pirate Blackbeard. ...
Recent developments in online copyright infringement laws
A Senate Committee has approved a Bill to expand the safe harbour regime under the Copyright Act and the Federal Government has closed consultation on the effectiveness of site blocking legislation. ...
Second round of changes to Australia's IP laws released for comment
IP Australia has released draft legislation to implement the second part of the Government's response to the Productivity Commission's inquiry into IP arrangements. Senior Associate Lauren John reports. ...
Ugg of war over sheepskin boots in the US
An appellate court in the US has ruled that the word 'UGG' is capable of trade mark registration in the US for footwear because it is not a generic term – at least in the US – to describe what Australians would call 'ugg boots'. ...
Managing the risks of brand collaborations – a few top tips
Brand collaborations can create exciting commercial opportunities for businesses. However, they involve a number of risks. These include, for example, the possibility that a collaborator may suffer unexpected damage to their brand which makes the collaboration no longer commercially viable. Therefor ...
You can't always get (the trade mark registration) you want: Rock Royalty, Aunty Helen, Jacindarella and bad faith
Does a trade mark for JAGGER & STONE remind you of a certain rock band? Should New Zealand's former Prime Minister have the right to oppose trade mark registration of her nickname? Recent Trade Mark Office decisions in Australia and New Zealand shine a light on the opposition ground of bad faith. ...