Our legal experts will keep you up to date on all relevant and current developments.

shutterstock_113908195 (Trade Mark Application - Trademark)
Nov 6, 2019 3:35:51 PM / by Daniel Jepson posted in Intellectual Property Protection

As most people would likely be aware (and as Holman Webb has previously stated), trade marks are vital business assets - with dozens of trade mark applications being filed every day in Australia. With this in mind, if your application is not up to scratch, significant issues can arise down the track which may prove to be unresolvable.

shutterstock_761198749 (Trade Mark)

It has become increasingly common for corporate groups to hold their trade marks and other intellectual property within a dedicated, non-trading entity.

While this may assist with asset protection, it can lead to concerns about whether use of the trade mark by another member of the group is "authorised". The recent Full Federal Court decision of Trident Seafoods Corp v Trident Foods Pty Ltd examined this issue in the context of a trade mark that was used by the parent but owned by a subsidiary.

TM protection

Trade marks are core assets of many businesses, but in our experience they are often overlooked. A few recent cases have highlighted just how important it is to make sure your trade mark arrangements are in place and effective. Registering a trade mark is not the end of the process; there have been many cases of businesses ‘setting and forgetting’ their marks only to have their registrations challenged.

music copyright

Anyone watching television over the Summer will have seen advertisements for the United Australia Party, led by Clive Palmer. In one version, a song is played with the lyrics ‘Australia ain't gonna cop it, no Australia's not gonna cop it, Aussies not gonna cop it any more.

Universal Music owns the copyright in the Twisted Sister song We’re Not Gonna Take It, and they are not too pleased with Mr Palmer’s creation. In fact, they claim that Mr Palmer’s song amounts to an infringement of copyright and have asked the Federal Court to order that it not be played anymore. 

shutterstock_757967008 (Christmas, Shopping)

Christmas is around the corner, which means retailers are getting ready for the busiest period of the year. What better time for a quick refresher on some consumer law issues? Here are a few tips to make sure Santa (the Australian Competition & Consumer Commission) doesn’t bring you a lump of coal (an infringement notice).

Every business needs to have an online presence. Many use a variety of different platforms to promote themselves in new and innovative ways.

We all know someone who is addicted to Crossfit. Not surprisingly, with its rise in popularity those behind Crossfit have taken steps to protect the brand. This includes the registration of ‘CROSSFIT’ as a trade mark all over the world. In Australia, the word ‘CROSSFIT’ has three separate registrations in a number of different classes.

Domino’s Pizza Enterprises Ltd (Domino’s) has recently paid $18,000 to the ACCC in relation to two alleged breaches of the Franchising Code of Conduct (the Code). According to the ACCC, this represents the first ‘penalty’ for an alleged breach of the Code since it was revamped in 2015.

Aug 23, 2016 4:03:44 PM / by Daniel Jepson posted in Business Corporate & Commercial

There is no doubt that the Olympics are a brilliant example of global co-operation, athletic prowess and human endurance. They also happen to be good for business too, as the recent case of Australian Olympic Committee, Inc. v  Telstra  Corporation Limited [2016] FCA 857 demonstrates.

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