N

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

Holman Webb Listed as Finalist - Lawyers Weekly Australian Law Awards 2021

Holman Webb Lawyers is proud to relay that the firm has been listed as a finalist in two categories in the Lawyers Weekly Australian Law Awards 2021:

  • Law Firm of the Year
  • Insurance Team of the Year

Click through for more information on this year's finalists, and upcoming winner announcements.


The Crucial Nature of Trade Marks in Franchising

Trade marks are the essence of franchising. 

All franchise systems strive for widespread recognition of their 'brand'. A common thread between successful franchise systems is that their customers receive a consistent level of quality in goods and services provided under instantly recognisable trade marks. 

However, there are often complexities in the registration and use of trade marks within a franchise system. For franchisors, getting the licensing right is not always clear cut, nor is being able to secure registrations for new products. On the other hand, franchisees will often enhance the reputation of a trade mark, but have no ownership interest and can carry the risk of infringing a competitor's trade mark. 

This article explores the importance of trade marks to a franchise system, and the key parties involved in it.


Intellectual Property and Virtual Meeting Platforms

Virtual meeting platforms have seen user numbers increase substantially since the end of 2019. Services such as Microsoft Teams, Skype and Zoom have become an increasingly utilised tool as a large number of businesses have directed employees to work from home during the various COVID-19 lockdowns.

When utilising services such as Skype or Zoom, businesses need to be aware of their terms and conditions, particularly what they say about intellectual property relating to content being presented through the platforms.


In case of emergency…exploit rights? A summary of the Crown’s power to exercise intellectual property rights in an emergency
Monday 22 June 2020 / by Daniel Jepson posted in Intellectual Property Protection

Key takeaways:

  • Recent changes to the Patents Act 1990 (Cth) and the Designs Act 2003 (Cth) give Commonwealth, state and territory governments the power to exploit patent and design rights in an emergency.
  • These Acts also permit the Commonwealth, state and territory governments to exploit rights outside an emergency, though the process is more onerous.
  • The Copyright Act 1968 (Cth) permits Commonwealth and state governments to use private works with immunity, in an emergency or otherwise.
  • While "the Crown" is referenced within each Act, the power is generally available to the Commonwealth, state and territory governments and anyone they authorise.
  • All three Acts provide for some form of compensation, though in some circumstances it may be impossible to reach a firm conclusion on what is fair and reasonable.

Top Five Factors to Consider Before Applying for a Trade Mark
Wednesday 6 November 2019 / by Daniel Jepson posted in Intellectual Property Protection Trade Marks

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.


Corporate Groups and the ‘Authorised Use’ of Trade Marks

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


Trade Mark Licensing: Common Questions and Mistakes

Trade marks are core assets of many businesses, although unfortunately in Holman Webb's experience - they are often overlooked.

A few recent cases have highlighted just how important it is to ensure your trade mark arrangements are in place and, just as importantly, effective.

it is crucial to keep in mind that 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.


We’re Not Gonna Take [copyright infringement] Anymore

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.


Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year. While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.  

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.


Recent Posts






1

2