151-160 of 178 results
When you use what doesn't Belong to you…
Telstra Corporation Limited v BelongEnergy Pty Ltd (VID206/2019), recently resolved by consent orders in Telstra's favour, highlights the importance and utility of adequate trade mark protection. ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
Don't sweat it - Federal Court finds 'clinical strength' claims on deodorant were not misleading
The Federal Court found in a dispute between Unilver and Beiersdorf, that the use of 'clinical strength' marketing in relation to Nivea deodorants was not false, misleading or deceptive as Unilever had claimed. ...
NZ self-disclosure 'grace period' provisions take effect
On 30 December 2018, New Zealand introduced a one year 'grace period' for filing a patent application following an inadvertent public self-disclosure of the invention. Associate Claire Gregg takes a closer look at how the new provision protects applicants. ...
Four key principles from Sigma v Wyeth
Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...
Meat marks update
Two recent trade mark disputes illustrate that even where marks share similar elements, they are unlikely to be deceptively similar if the overall impression created by each mark is substantially different. ...
Troubled waters
A recent Federal Court decision demonstrates the difficulties large offshore food and beverage brands may encounter when attempting to enter the Australian market, particularly where there is a longstanding local user of the same or a similar mark ...
Albert Namatjira's family wins decades-long battle for compensation
The descendants of one of Australia's most well-known artists, Albert Namatjira, have finally received compensation for decades of missed royalties. ...