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Product safety snapshots – year in review
Insight 05 Sep 2019

The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...

Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
Insight 28 Aug 2019

The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...

Diagnostic methods remain patentable in Australia
Insight 14 Jul 2019

The Federal Court has confirmed diagnostic methods remain patent-eligible subject matter in Australia. The Court's highly anticipated decision in the Sequenom case provides a strong impetus for innovators to continue to develop new diagnostic methods in the important field of biotechnology. ...

Flame's copyright claim success a 'dark horse'
Insight 28 Aug 2019

Christian rapper Flame has succeeded in a copyright infringement claim against Katy Perry regarding her single 'Dark Horse', in what some are viewing as an overreach of copyright protection. ...

Holey Moley guacamole!
Insight 28 Aug 2019

Owners of the popular Aussie mini-golf business Holey Moley Golf Club have taken NBA superstar Steph Curry's new US TV show to court for trade mark infringement, in a Happy Gilmore-esque battle for the ages. ...

Strengthening protection of Indigenous Culture and Intellectual Property
Insight 28 Aug 2019

Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...

Unity of porpoise means no mere aqua-escence in latest Trident decision
Insight 11 Aug 2019

The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of establishing authorised use of a trade mark by companies within the same corporate group ...

The ACCC looking to the future – what is a 'representation with respect to a future matter'?
Insight 28 Aug 2019

After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged that misleading representations were made with respect to future matters. ...

Use of your own name must be in good faith
Insight 12 Aug 2019

Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...

I like it [trade marked] like that, OKURRR?
Insight 18 Apr 2019

American rapper Cardi B brought trade mark law into news headlines recently when the rapper's company, Washpoppin Inc., lodged trade mark applications in the US for 'OKURRR ...

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