111-120 of 317 results

Removal of trade marks for non-use – a bittersweet end for "LIME"
Insight 15 Dec 2020

A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth). 1 The Taxiprop decisi ...

Down-scheduling CBD and growing Australia's cannabis industry
Insight 10 Nov 2020

The Therapeutics Goods Administration is proposing amendments to the Poisons Standard to permit pharmacists to sell low-dose cannabidiol (CBD) products without a prescription. Businesses intending to import, manufacture and supply cannabis products in the Australian market should monitor these developments closely. ...

Copyright in the Aboriginal flag
Insight 30 Oct 2020

A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...

A battle with Banksy
Insight 30 Oct 2020

Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...

Burger rivals in dispute with the lot
Insight 30 Oct 2020

McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 30 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...

Lorna Jane antivirus activewear claims don't workout
Insight 08 Sep 2020

A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...

UK Supreme Court affirms jurisdiction to determine global FRAND terms
Insight 07 Sep 2020

The UK Supreme Court's decision in Unwired Planet v Huawei confirms that disputes between organisations that own these patents, and equipment manufacturers that use the patents, can be brought and resolved on a worldwide basis in England. ...

Australia rebranded? A new logo in tough times for trade and travel
Insight 28 Aug 2020

Australia's new 'wattle' logo is intended to represent Australia in the international trade arena. Detailed arrangements governing its use are still to come. Stay alert for details of forthcoming governance arrangements which will define the circumstances in which the new logo can be applied. ...

Gaming: it's no game, in fact, it's big business
Insight 28 Aug 2020

From Nintendo to esports, gaming has put on a masterclass, demonstrating how leveraging and protecting IP is a key companion to reaching audiences beyond the controller. ...

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