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Product safety snapshots – year in review
Insight 05 Sep 2019

The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). With the announceme ...

Flame's copyright claim success a 'dark horse'
Insight 28 Aug 2019

Christian rapper Flame has succeeded in a copyright infringement claim against Katy Perry regarding her single 'Dark Horse', in what some are viewing as an overreach of copyright protection. ...

Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
Insight 28 Aug 2019

The ongoing fish food feud between Trident Foods Pty Ltd ( Trident ) and Trident Seafood Corporation ( TSC ) continues. Although Trident's trade mark registrations survived the initial non-use ...

Holey Moley guacamole!
Insight 28 Aug 2019

Owners of the popular Aussie mini-golf business Holey Moley Golf Club have taken NBA superstar Steph Curry's new US TV show to court for trade mark infringement, in a Happy Gilmore-esque battle for ...

Repeal of IP exemption from competition laws to take effect soon
Insight 28 Aug 2019

Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA ), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive ...

Strengthening protection of Indigenous Culture and Intellectual Property
Insight 28 Aug 2019

Art is an incredibly important part of Indigenous culture, but the protections afforded by existing intellectual property and consumer protection laws have at times proven inadequate and poorly ...

The ACCC looking to the future – what is a 'representation with respect to a future matter'?
Insight 28 Aug 2019

After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged (among other things) that misleading ...

Use of your own name must be in good faith
Insight 12 Aug 2019

Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...

Unity of porpoise means no mere aqua-escence in latest Trident decision
Insight 12 Aug 2019

The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of ...

Sportsbet takes punt on descriptive mark
Insight 24 Jul 2019

The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade ...

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