281-290 of 299 results
High sugar content can invalidate health claims
The Federal Court has found that the packaging of the Little Kids Shredz children's food range, produced by food giant Heinz, misled consumers because it suggested the high-sugar products were nutritious and healthy. ...
Beverage get-up round-up
Recent Federal Court beverage cases illustrate the challenges involved in protecting and enforcing secondary marks on food and beverage product packaging. ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
The importance of getting your entitlement ducks in a row
Ownership and inventorship disputes are a hot topic before the Australian Patent Office (the APO) in 2018. Earlier this year, we reported on the APO decision in Khoury v Sherrard Pty Ltd [2018] APO 20, which highlighted the need to carefully assess the contributions of all those involved in developi ...
Australian Consumer Law Review: what you need to know
A major review of the effectiveness of the Australian Consumer Law has now been completed with the release of the Final Report by Consumer Affairs Australia and New Zealand. ...
Big Kiwi fights Chicken Little
Is it misleading to use the term ‘chicken’ in relation to a vegetarian substitute for chicken? The Poultry Industry Association of New Zealand seem to think so. ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Room for Improvement? Big Data challenges in Health
'Big data' is revolutionising approaches in all major industries, including the health sector, but Australia's current privacy framework lacks flexibility, and there is insufficient guidance to support compliance. Associate Nick Li looks at the challenges in improving patient care and research outco ...
The Federal Court's first look at enablement and support
The Federal Court has taken a first look at the enablement and support provisions of section 40 of the Patents Act 1990 (Cth) (the Act) as amended by the 'Raising the Bar' Act 2012 (Cth) (RTB). ...