31-40 of 291 results
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Case of the 'x' – collaborations in the metaverse
The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...
In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...
The Federal Court rules that bossy letters to Boss' customers are misleading but not threatening
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
Treasury Wine secures important court win in China to protect Penfolds brand
A subsidiary of Treasury Wine Estates (TWE) has succeeded in a claim against a trader operating in China (East Bright Sunshine) to protect the Penfolds brand. This will be a welcome result for brands looking to enforce their rights against infringers in China. Brand owners should consider their trade mark protection and enforcement strategies in China. ...
The Full Federal Court has its say on authorisation of copyright infringement
The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...
Australia rules on patents for computer-implemented inventions
The High Court of Australia has grappled with the question of when a computer-implemented invention is patentable. Unfortunately, for technology owners and implementers in this space, the bench was split evenly. By a technicality, the case (Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29) was decided against the patentee. In this Insight we unpack the two High Court opinions and how these approaches compare to recent case law and Patent Office practice. ...
Priority window closes soon for .au direct domain names
Further to our last update, the window for existing holders of .au domain names (eg .com.au or .net.au) to claim priority status to register matching .au direct names (eg 'allens.au' instead of 'allens.com.au') closes on 20 September 2022. ...
Food and beverage law bulletin
Latest insights on what's been happening in food and beverage law; M&A trends: ESG, innovative agriculture, craft beer and plant-based alternatives; an update on trade mark law in the food and beverage sector; and other key developments in 2022. ...