Showing 12 out of 33 results
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in …
Landmark trade mark/NFT decision in favour of IP owners
The Manhattan federal jury's decision suggests registered brands can be protected against NFT infringementsHermès has succeeded in its case of trade mark …
Red card or fair play? Ambush marketing back in the news as FIFA World Cup kicks off
Ambush marketing can be an impactful, but legally risky, advertising strategy. Businesses that are the subject of, or otherwise engaging in, ambush …
Roger that! Australian Federal Court decision a timely reminder of the value of design rights
Litigation over designs is relatively uncommon in Australia.Nevertheless, the designs scheme can be effectively utilised by designers to enforce their …
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, …
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable …
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor …
Regulatory reform for software-based consumer health - Can rules keep up with reality?
As Australia moves to liberalise oversight of mobile health apps, we ask if such reforms can keep up with changing technology Mobile health apps and …
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace1 confirms that using a corporate logo in activist or protest materials may be permissible under both …
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation …
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters (Australia)
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such …
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation …
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