Legal action has been initiated in the Federal Court of Australia between Koninklijke Douwe Egberts BV (“KDE”) and Jacobs Douwe Egberts AU Pty Ltd (“JDE”), as the applicants, with respect to the coffee brand, Moccona, against Cantarella Bros Pty Ltd (“Vittoria”), as the respondent, in relation to promoting and selling [...]
In McD Asia Pacific LLC v Hungry Jack’s Pty Ltd,[1] the Federal Court dismissed McDonald’s trade mark infringement claim against Hungry Jack’s for using BIG JACK and MEGA JACK in relation to hamburgers. However, Hungry Jack’s was held liable for engaging in misleading or deceptive conduct. This is one of [...]
On March 2024, Australia is set to replace its existing Goods and Services pick list with the Madrid Goods and Services list (“MGS list”). Our current pick list is a searchable list of over 60,000 descriptions of goods and services used to describe what goods and services a trade mark [...]
The Federal Government Attorney- General’s Department released its much anticipated Privacy Act Review Report[1] this year (“Review”), foreshadowing sweeping changes to privacy legislation in Australia. While the digital age has generated benefits such as new efficiencies, consumer convenience and employment opportunities, [2] it has also resulted in the creation of copious [...]
A recent Federal Court decision between the owners of the MOTHER Mark and Kangaroo Mother Australia provides guidance for prospective trade mark owners on what to consider before applying for a trade mark. Background Energy Beverages (EB) is a supplier of energy drinks for the Australian market, its MOTHER energy [...]
The highly anticipated Australia-United Kingdom Free Trade Agreement (A-UK FTA) came into force on 31 May 2023. [1] The A-UK FTA is one of the most comprehensive and innovative free trade agreements Australia has signed to date, opening up a wealth of opportunities for Australian businesses and services entering the [...]
This is an update to the article below: “Artificial Intelligence: An Inventor?” in relation to the Federal Court of Australia (“FCA”) decision of Thaler v Commissioner of Patents on 30 July 2021, in which it was found that an artificial intelligence system called “DABUS” could be named as an inventor [...]
A recent Federal Court case illustrates why businesses should ensure that they are using their trademarks correctly when they are taking action against a third-party for trademark infringement. In this case, the defendant was successful in their counterclaim alleging that the plaintiff had failed to use their shape mark properly. [...]
Join us for an in person presentation by Andrew Cassin of Cassin Advisory for advice on the process of preparing your business for sale.Andrew is the author of "On Your Terms - 101 Ways to Prepare a Business for Sale or Succession."Our partners Michael Bishop, Aaron Zoanetti & Felicity Cara-Carson will [...]
Australia’s consumer watchdog has commenced proceedings against Airbnb for false or misleading representations about their services. The ACCC argues that Airbnb had made it unclear that the dollar sign ($) they were displaying on their website was in American dollars (‘USD’) instead of Australian dollars (‘AUD’). This has reportedly affected thousands [...]
