561-570 of 822 results for 'consumer data right'

The Full Federal Court has its say on authorisation of copyright infringement
Insight 01 Sep 2022

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
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 ...

When is a social media post clearly an #ad?
Insight 28 Oct 2021

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. ...

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. ...

A tender approach to genetic testing
Insight 22 Feb 2018

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. ...

The Aboriginal Flag may have been freed, but certain restrictions on use still apply
Insight 02 Mar 2022

The Australian Government recently acquired the copyright in the Aboriginal Flag and has announced that it is 'freely available for public use'. However, it is not in fact a free-for-all, and there are some important limitations to bear in mind. ...

In-N-Out of court again
Insight 21 Feb 2021

Hashtag Burger Pty Ltd (Hashtag Burgers) has lost its appeal against In-N-Out Burgers, Inc. (INO Burgers) in the Full Court of the Federal Court of Australia in a bid to overturn Justice Katzmann's finding of trade mark infringement, misleading and deceptive conduct and passing off. ...

No grounds for opposition for coffee merchants
Insight 27 Aug 2020

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
Insight 30 Apr 2020

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. ...

Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
Insight 30 Apr 2020

In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...

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