Recent Blogs

With emojis now an inseparable part of modern communication, it was inevitable that they would be used by a person in the course of contractual negotiations. As recently found by an Israeli court, the use of certain emojis could, in context, evidence intention to enter into contractual relations, as a consequence of which a prospective […]

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When people think of trade marks, famous brands, business names or logos generally spring to mind, such as the McDonald’s ‘M’ or Apple Inc.’s apple. But phrases that are associated with a brand, such as Nike’s famous slogan, “Just Do It“, can also be registered as trade marks. Over the years, various celebrities have also […]

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This week Thomson Geer hosted, and I chaired, a critical franchising update seminar on the topic “preparing for the burden of ‘vulnerable workers’ legislation: proposed solutions for your business“. It is quite a topical issue due to the numerous official reports into the “7 Eleven scandal” and the introduction of the Fair Work Amendment (Protecting […]

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Bayer Pharma AG (Bayer) pursued Generic Health Pty Ltd (GH) for damages for patent infringement.  In a recent Federal Court decision, GH had been found to have infringed a patent for a pharmaceutical combination of ethinylestradiol (EE) and drospirenone (DRSP) for use as a female oral contraceptive (OC).[1] Bayer’s claim Bayer elected damages and claimed […]

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As a result of an action commenced by the Australian Competition and Consumer Commission, the Federal Court of Australia recently ordered Valve Corporation (Valve), a foreign corporation, to pay a pecuniary penalty of AUD$3 million for breaching the Australian Consumer Law in the course of conducting its online business. Valve ran an online games software […]

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Drip Pricing Drip pricing conduct is a common issue with online transactions, particularly ticket purchases and travel bookings. “Drip pricing” refers to the incremental disclosure of fees and charges that make up the ultimate price payable by the consumer. The Liability Judgment[i] On 17 November 2015 Justice Foster of the Federal Court found that two […]

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We first wrote about trade mark attorney privilege and the changes to the Trade Marks Act 1995 (Cth) as a result of the Raising the Bar legislation here and, more recently in relation to Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241 (Titan Garages case), here. Since our most recent blog on the […]

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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 […]

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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 […]

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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, […]

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