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Use of Registered Trade Marks – How Much is Enough? The Barefoot Wines and Barefoot Radler Trade Mark Infringement Case - Commercial Litigation and Dispute Resolution Update - June 2010
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1
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20KB
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Lion Nathan National Foods' (Lion Nathan) application to the High Court of Australia to use the name “Barefoot Radler” for its range of light beer products has failed. The High Court found that the sale of 41 bottles of wine bearing the registered trade mark “Barefoot” was sufficient to show “use” of the trade mark, as set out in section 7 of the Trade Marks Act 1995 (Cth) (Act). The decision highlights the importance of making proper inquires before selecting and investing in any brand name.
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Some Old, Some New – the Australian Consumer Law - Trade Practices Update - May 2010
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2
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19KB
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The Australian Government is in the process of introducing a single national consumer law, to be introduced in two stages.
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Unlawful Attraction, the Lease of Your Worries – Restrictive Agreements and Trade Practices - Trade Practices Update - August 2009
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2
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18KB
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Unlawful attraction, the lease of your worries – restrictive agreements and trade practices. By Alexia Marinos of Gadens Lawyers, Sydney. Anti-competitive rental leases have been the talk of the town in recent weeks with the Australian Consumer and Competition Commission (ACCC) making such leases a matter of high priority. While the focus of publicity has been on the grocery sector, the ACCC is likely to examine more closely the use of anti-competitive rental leases and contractual arrangements across all sectors and industries.
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Doughn’t Look Like a VoVo? Arnotts Alleges Trademark Infringement Against Krispy Kreme - April 2009
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1
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18KB
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It appears that doughnuts and biscuits can drive some people crackers, particularly when it involves a great Australian icon such as the Iced VoVo. Arnotts, maker of the delectable VoVo biscuit, has recently threatened legal action against doughnut chain Krispy Kreme if it doesn’t stop promoting and selling its similar sounding “Iced Dough-Vo” doughnuts, which also happen to be covered by a flavourful pink fondant and sprinkled with coconut, just like the 100-year old Iced VoVo brand biscuit.
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Regulation and Compliance Update - March 2009
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1
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35KB
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Commonwealth to take control of consumer protection
The Commonwealth is likely to take control of consumer protection following proposals to amend the Trade Practices Act and hand over responsibility for many areas covered by the states' Fair Trading Acts. Importantly, the proposals include the power to review unfair contract terms, including terms in loan contracts.
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Litigation Update - December 2008
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1
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12KB
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Nudie in Court
The Federal Court has granted the Australian Competition and Consumer Commission (ACCC) an injunction and made orders that Nudie Foods Australia Pty Ltd (Nudie) publish corrective notices on its websites and institute a training and trade practices compliance program for misleading labelling on its packaging for Nudie fruit juices.
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Trade Practices Update - July 2007
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6
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19KB
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US man loses 'pants down' on misleading advertising claim against dry cleaners - Virtually everyone has at some stage had something lost or damaged at the dry cleaners. You can probably understand that it's quite frustrating when this happens. For me, it was a beautiful green jumper. I loved that jumper. I was livid when dry cleaners ruined it
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Franchising Update - June 2007
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1
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20KB
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Franchisors beware, disclosure requirements under the Franchising Code of Conduct (Code) are likely to change.
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NSW Intellectual Property Update - November 2006
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2
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18KB
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"You're nicked! Now cuff 'im boys and put 'im in the paddy wagon."
New criminal offences for copyright infringement will catch out big and small players alike - Are you a criminal? You might need to re-think your answer if the Federal Government passes its proposed new copyright laws. The proposed laws introduce tough criminal provisions that could catch out a lot of people
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Gadens Copyright Vodcast
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3
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9KB
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Protection measures and chippers: new laws but do they help gaming companies? Changes to the Copyright Act have been heralded as an end to "chipping" of Playstations and other gaming consoles that permit games legally purchased overseas being played in Australian consoles.
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NSW Trade Practices Update - October 2006
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2
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14KB
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More Trade Practices Act changes coming. Following the 2003 Dawson Review of the Trade Practices Act's competition provisions, the Federal Government has announced a new package of reforms to the Act. The changes focus on increased penalties for anti-competitive conduct such as price fixing, and reducing some of the obstacles the Act puts in front of smaller businesses
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NSW Marketing Matters - October 2006
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2
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14KB
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Protection measures and chippers: new laws but do they help gaming companies? - in late 2005, gadens lawyers represented Sydney businessman Eddie Stevens who won a landmark case against Sony in the High Court that was widely-viewed as a win for gamers and chippers. Since that case, new legislation has come into force, and more legislation is being proposed, that gaming manufacturers like Sony hope will close the loophole created by Eddie's win
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