61-70 of 288 results
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...
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. ...
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. ...
Coming soon to a registrar near you: how your business can secure a .au direct domain name
For a six-month period from 24 March 2022 only, registrants with an existing .au domain name (eg 'allens.com.au') can apply for 'Priority Status' to register an exact match of the existing .au domain name as a .au direct domain name ...
Important developments for offshore diagnostic testing
In Ariosa Diagnostics, Inc & Ors v Sequenom, Inc [2021] FCAFC 101, the Full Federal Court delivered significant clarity for companies who provide or conduct diagnostic tests. ...
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. ...
New consoles, new games, old copyright
The release of new video game consoles (including the PlayStation 5, Xbox Series X and the improved Nintendo Switch) will likely increase user-generated content – in both in-game creations and the volume of gameplay that is streamed within the wider gaming community alike. ...
Moored in the Marina: the Federal Circuit Court refuses to imply a licence restriction for the use of sailing footage
The Federal Circuit Court provides a fresh reminder of the need for businesses in the creative industry to agree and clearly document positions on intellectual property (IP). ...
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. ...
IP rights in the COVID-19 pandemic – the story so far
With the timely supply of effective COVID-19 vaccines insufficient to meet global demand, there has been speculation that the compulsory licence and Crown use (or government authorisation) provisions would be invoked. This from the early stages of the pandemic has thrust IP rights into the spotlight ...