201-210 of 345 results
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Product safety snapshots – year in review
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). ...
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. ...
Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...
Flame's copyright claim success a 'dark horse'
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. ...
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. ...
Holey Moley guacamole!
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
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
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 ...
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. ...