Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act. Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty...
Independent real estate start-up, The North Agency, fends off property monolith, The Agency, in the Federal Court of Australia. In dismissing all claims against The North Agency, including finding that The North Agency had not infringed The Agency’s trade marks, the...
What are Non-Fungible Tokens Non Fungible Tokens (NFT) are all the rage in the crypto world. For those of you who are unaware of what a NFT is, a NFT is a non-interchangeable unit of data stored on a blockchain, a form of digital ledger, that can be sold and traded as...
ClarkeKann’s commitment to delivering solution-based outcomes for our clients remains at the centre of our offering. Providing qualified, trustworthy, bespoke legal advice with a particular focus across our core areas of expertise; Agribusiness, Intellectual Property...
By Ruby Mackenzie-Harris and Brad Vinning Have you thought about whether you need to register your business’ domain name as a trade mark? Depending on your circumstances, this may or may not be a necessary step to protect your intellectual property (“IP”). Getting...
By Peter Karcher and Elle Zhang You are a successful beauty product expert, blogger, entrepreneur, Instagram sensation and most importantly, a hard working business owner. You sell your popular products (these life-changing little bottles of face oil) through online...
By Peter Karcher and Elle Zhang If you are a supplier (of services or products) or just a hard working business owner, chances are, you have tried to sneak in an automatic renewal clause in your standard terms and conditions (or have, in fact, successfully...
By Peter Karcher, Partner and Jake Reid, Lawyer Six weeks after the commencement of the Notifiable Data Breaches (NDB) scheme, the Office of the Australian Information Commissioner (OAIC) published its first quarterly report on mandatory data breach...
In an increasingly interconnected world where “collaboration” is a buzzword, jointly created intellectual property (IP) will become more commonplace. It may sound like a good idea at the time to say everyone involved in the collaborative process gets a piece of the...
After 10 years and numerous Federal Governments Australia has finally caught up with the rest of the world in terms of mandatory data breach notification (the US first introduced mandatory data breach reporting over 15 years ago). To mark the commencement of the laws...
By Peter Karcher and Julian Pipolo In an ideal world, all contracts take the form of a single document signed by all parties concerned with little fuss. If a dispute ever arises, the parties could simply revert back to that initial document and figure out what they...
Media & Technology lawyer, Peter Karcher, takes a look at some key risk areas for Publishers. MASTHEAD PROTECTION Register your mastheads as trade marks. Domain names, Business and company name registrations don’t give you protection for the name as against other...