31-40 of 188 results

Bikinis from Way-back-when
Insight 17 Dec 2019

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

IP rights and Indigenous Knowledge: the case of gumby gumby
Insight 17 Dec 2019

A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...

Freedom to Feta – where is Australia headed on geographical indications?
Insight 10 Dec 2019

With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...

Monopolising foods using trade marks
Insight 09 Dec 2019

Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...

The new FDA nutrition information panel guidelines
Insight 07 Jul 2016

WE report on the new FDA guidelines regarding nutrition information labels for packaged foods sold in the USA. ...

Food imports and the Biosecurity Act: What’s changed
Insight 07 Jul 2016

We report on recent changes to the law relating to the importation of food into Australia, introduced by the commencement of the Biosecurity Act 2015 (Cth). ...

The CoOL change is here
Insight 07 Jul 2016

We provide an update on the new Country of Origin Labelling regime which came into effect on 1 July 2016 and the Federal Government’s proposed changes to the safe harbour provisions under the Australian Consumer Law. ...

To bee, or not to bee… Generalised health claims under the Food Standards Code?
Insight 07 Jul 2016

The New Zealand Court of Appeal considered an application by a honey producer seeking a declaration that the labelling of its honey products complied with the requirements for nutrition, health and related claims under the Food Standards Code. ...

The new safe harbour provisions for country of origin claims
Insight 21 Dec 2016

With the new Country of Origin Food Labelling Information Standard’s two‑year transition period ticking down,manufacturers will no doubt be busy aligning their food packaging with its requirements. ...

The Mark of Milk and Money: a2 vs Lion
Insight 21 Dec 2016

The widely reported dispute between The a2 Milk Company and Lion about their milk advertising is proving to be a frothy fight, providing food manufacturers with valuable lessons, even before a judgment has been handed down. ...

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