Co-authored by Olivia Camilleri Your intellectual property is a business asset that can grow in value and generate a profitable revenue stream. Many intellectual property
Assisted by Hayat Yassine Legal protection for shape trademarks has grown more attainable for Australian trade mark owners. Many iconic shapes have been successfully registered
Like many governments around the world, in response to COVID-19, the Australian government has called for any business that can, to repurpose its offering to
Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update. Under the Franchising Code of Conduct (the ‘Code’),
Catherine Sedgley Much like the characters in a Marvel or DC comic book, the role of the Australian Competition and Consumer Commission (ACCC) is to protect the
The decision in the case of Beats Electronics LLC v Strategies Unleashed Pty Ltd [2017] ATMO 6 is an example of how social media can be used to promote and protect a brand, and should be noted as a reminder to include social media activity as evidence in any intellectual property dispute, where relevant.
With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.
Is it possible to claim the design of a glass box? This question hit the music world earlier this month, when in early November 2018, soon after Kanye West and Kid Cudi performed their set at the Camp Flog Gnaw festival in LA, Grammy award winning New Zealand musician Lorde took to her Instagram account to accuse Kanye West and Kid Cudi of stealing her set design: a suspended glass box.
As the two cases discussed in this article highlight, it is incredibly important for businesses to monitor their competitors, and if they wish to protect their intellectual property, to ensure that they take timely legal action to do so.
In late 2017, the Federal Court of Australia heard the case of Moroccanoil Israel Ltd v Aldi Foods Pty Ltd – a matter which has highlighted a number of issues relating to intellectual property infringement and passing-off, which owners of private label brands can potentially face in the marketplace.
Leading Swedish apparel brand H&M has yet again been caught up in social media controversy following an advertisement posted to the brand’s Instagram channel. It was just last month that the brand was forced to deal with their first ‘face-palm’ moment of 2018, when the online listing of one of their children’s hoodies was criticised by many for being racially insensitive – leading to H&M’s brand ambassador, The Weeknd, severing all ties with the company.
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