News

Case Note: Litigious warfare on a grand scale – Palmer v Citic Ltd [No 2] [2019] WASC 14 (S)

The indicative position of the Honourable Justice Kenneth Martin in Palmer v CITIC Ltd [No 2] [2019] WASC 14 to award costs in the cause for an interlocutory hearing, despite an unsuccessful …

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DC Comics in EU Trade Mark Legal Dispute with Spanish Soccer Club Valencia

In late March 2019, American comic book publisher DC Comics filed a notice of opposition with the European Union’s office of intellectual property against a trade mark application made by Spanish La …

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Singapore to set up a GI registry – Australia needs one for foods, too.

This month, Singapore took the step of setting up a registry for global geographical indications. A geographical indication (GI) refers to an indication used in trade to identify a product as originating …

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Some observations on Australian patent firms proposed mega-merger

On 27 November 2018, the listed holding company of leading intellectual property businesses Davies Collison Cave Pty Ltd (DCC), FPA Patent Attorneys Pty Ltd (FPA) and Advanz Fidelis IP Sdn Bhd (ADVANZ) announced a …

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“Boss” to “Bold” – Network Ten’s trade mark headache

Australian television broadcaster Network 10 decided to rebrand some of its television channels. One of the new brands was “10 BOSS” – but The Australian Financial Review, owner of the “BOSS” trade …

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Google is a “well-known mark” in Australia

On 30 October 2018 the Australian Federal Circuit Court handed down the decision of Google LLC v Weeks [2018] FCCA 3150 (30 October 2018), which in which the court found that “Google” …

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Avola Grapes – a rare Geographical Indication decision in Australia

On 8 August 2017, the European Union lodged a list of 906 European Geographic Indications (GIs) for protection in Australia. Some of these are entirely familiar to Australian consumers: “Chianti”, “Port”, “Port …

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Copyright in tastes? The CJEU rules there is no copyright in the taste of cheese

On 31 July 2019 the Australian Registrar of Trade Marks published the decision of JB Hi-Fi Limited [2019] ATMO 115. It is a decision on revocation – a rare matter for determination by a delegate of the Registrar, no doubt because the omission giving rise to the hearing was so obvious.

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Mental Health Week at Bennett + Co Corporate & Commercial Law

The Australian Securities and Investments Commission’s (ASIC) Corporate Plan for 2019-2023 sets out the regulator’s vision and mission statements, and how it will meet the strategic goals it has set itself over the next year and beyond. Importantly, it sets out ASIC’s enforcement plan and strategy, which focuses on increased and accelerated court-based outcomes and utilising tougher powers and penalties to achieve better deterrent outcomes.

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Brexit and UK’s Geographical Indicators – What will it mean for both the Cornish pasty and for Champagne?

The humble Cornish pasty is in the spotlight as a consequence of Brexit negotiations. The reason for this is because a “Cornish pasty” is a geographical indicator (GI). A GI is an …

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