News

“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 …

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” …

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 …

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.

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.

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 …

Developing new brands and trade marks – how to keep them secret pre-launch?
Internationally famous athlete David Beckham is launching a new Miami-based team for the US National Soccer League in 2020. The name is as yet a secret. But some sharp eyes have spotted …

High Court Dams Mighty River and Challenge to “Holding” DOCA Dismissed
After hearing arguments presented by parties’ counsel for a full day, the High Court sitting in Perth on 19 June 2018 adjourned for about 5 minutes and in a majority decision (with …

Bennett + Co Successful in Oppression Action Brought by Members Against Yindjibarndi Aboriginal Corporation RNTBC
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.

Drone Industry Legal Update: Collaboration Is Key to Future of Commercial Drone Operations and Airspace Access
The RPAS in Australian Skies conference in March 2018 – hosted by the Australian Association for Unmanned Systems – offered a glimpse of the current and future thinking by regulators and industry …