Recent Blogs

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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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, […]

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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 […]

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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 […]

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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?

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