201-210 of 315 results
Sportsbet takes punt on descriptive mark
The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade marks. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...
Will the Australian food regulator change its tuna?
From milk to meat and from chicken to tuna, the global animal-based food industry has been asking 'what's in a name?' in the context of the policy debate over the regulation of vegan alternatives to animal-based food products. ...
Stylkea – a bad idea?
This Insight considers two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks which serve as cautionary tales for all businesses. ...
Use of your own name must be in good faith
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?
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 ...
An overhaul of regulation of software as a medical device - what's on the horizon?
Proposed new regulatory rules for software as a medical device will if enacted have serious implications for suppliers to the Australian market who will likely have to meet more stringent requirements that could conflict with those in the US and Europe Special Counsel Ric Morgan and Senior Associate ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...
The EU Copyright Directive – still more questions than answers
Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European Union gave the Directive the green light. This means Member Sta ...