71-80 of 316 results
An update from New Zealand: double patenting win for patentees
In New Zealand, it is now possible to overcome a double patenting objection by surrendering the parent patent, or by amending the claims of either the parent patent or the divisional application. IPONZ ...
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...
When is a social media post clearly an #ad?
Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...
Why is the TGA alleging copyright infringement against Craig Kelly's text messages?
The reproduction of selected extracts from the DAEN on a website controlled by Craig Kelly's United Australia Party (UAP) without the consent of the Federal Government as copyright owner, is likely to amount to copyright infringement. ...
Coming soon to a registrar near you: how your business can secure a .au direct domain name
For a six-month period from 24 March 2022 only, registrants with an existing .au domain name (eg 'allens.com.au') can apply for 'Priority Status' to register an exact match of the existing .au domain name as a .au direct domain name ...
High Court defamation decision means businesses could be responsible for comments posted on their social media pages
In proceedings relating to alleged defamation of Dylan Voller, the High Court has confirmed that the administrators of public social media pages are 'publishers' of comments posted by third parties and members of the public on their page, for the purposes of defamation law. ...
Food and beverage law bulletin
Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...
Moored in the Marina: the Federal Circuit Court refuses to imply a licence restriction for the use of sailing footage
The Federal Circuit Court provides a fresh reminder of the need for businesses in the creative industry to agree and clearly document positions on intellectual property (IP). ...
Important developments for offshore diagnostic testing
In Ariosa Diagnostics, Inc & Ors v Sequenom, Inc [2021] FCAFC 101, the Full Federal Court delivered significant clarity for companies who provide or conduct diagnostic tests. ...
Copyright in software – the latest word from the Federal Court
The Federal Court has handed down its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809 in a decision with important implications for copyright enforcement in software under Australian law. ...