Recent Blogs

A recent Federal Court judgment1 in respect of an interlocutory dispute over access to documents produced under subpoena has cast the first rays of judicial light on a relatively recent statutory provision protecting client-trade marks attorney privilege. The judgment in Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241 (Titan v Cross) indicates that, although client-trade […]

Read More

On 25 October 2016, the Federal Court of Australia (FCA) published 26 new practice notes as part of the National Court Framework reforms.  Amongst these is the Intellectual Property Practice Note (IP-1) which establishes guidelines for all current and future Intellectual Property matters in the FCA. The practice note updates and expands the previous practice […]

Read More

I had the pleasure of attending and also presenting at the Franchise Council of Australia’s National Franchise Convention 2016 in Canberra a few weeks ago. Excellent keynote speakers There were some excellent and inspiring keynote speakers such as Alex Malley, the CEO of CPA Australia and author of The Naked Ceo book and website www.thenakedceo.com, […]

Read More

In Australia it costs more and users get less when they pay for media streaming services such as Netflix.  Why do these services cost Australian users more for restricted content?  The answer is region specific content licensing. ‘But haven’t you heard of that program that tricks Netflix into thinking you are in the US?’  Yes, […]

Read More

It was a truly momentous occasion when 18 year old Lachlan Smart landed his aircraft at the Sunshine Coast Airport on Saturday morning, 27 August 2016. Lachie became the youngest person to ever complete a solo circumnavigation of the world in a single engine aircraft.  He departed the same airport on the Sunshine Coast on 4 July […]

Read More

Clickwrap Agreements – is clicking ‘I Accept’ binding?

IT

Many users download new software, and without a moment’s hesitation when that little box ‘Terms and Conditions’ pops up, click “accept”, rather than scrolling through those terms and conditions.  These types of licences where a user can indicate acceptance of the licence terms by clicking an “accept” button are called “clickwrap” licences.   Nowadays, they are […]

Read More

Popular craft beer manufacturer, Stone & Wood, were claiming that Thunder Road’s use of the names ‘Pacific Ale’ and ‘Pacific’ was causing confusion among consumers, leading them to order a Thunder Road beer when what they really wanted was a Stone & Wood.  The beer rivals’ labels are below – confused, or not so much?

Read More

Last week the Federal Court handed down its judgment in Lodestar Anstalt v Campari America LLC [2016] FCAFC 92, which was an appeal from the decision in Skyy Sprits LLC v Lodestar Anstalt [2015] FCA 509. The judgment clarified how the Full Federal Court’s decision in Yau’s Entertainment Pty Ltd v Asia Television Ltd [2002] […]

Read More

We first wrote about Lachlan Smart’s bid almost one year ago. Since then he has gained media interest from most Australian television channels and new media, the latest from ABC.

Read More

The Commissioner of Taxation (“the Commissioner“) sought to require Channel 7 (“7“) to pay withholding tax on payments totalling almost $98M made by 7 to the International Olympic Committee (“the IOC“) for the exclusive right to the live broadcast of Olympic events for the 2002, 2004, 2006 and 2008 Games.

Read More