Pointon Partners AGM LAWORLD SYDNEY
Further reflecting on the success of the AGM of LAWorld in Sydney, with some additional photos of our team at the fantastic event. We again give thanks to all of our LAWorld network for a successful and informative AGM and very much look forward to [...]
Burger Brawl: Hungry Jack’s’ BIG JACK not deceptively similar to McDonald’s’ BIG MAC
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 [...]
Australian Trade Mark Register to Undergo International Harmonisation in 2024
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 [...]
A MOTHER-load of Oppositions: Energy Beverages Successfully Opposes Application for KANGAROO MOTHER
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 [...]
Australia-UK FTA unleashes exciting opportunities for Australian businesses
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 should think twice before using a shape mark
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 [...]
ACCC v Airbnb: Airbnb allegedly misled Australians about accommodation prices
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’). [...]
Meghan Markle & the Trade Mark ‘Archetypes’
As part of her contract with Spotify, Meghan Markle’s (Mrs. Markle) upcoming podcast has been highly anticipated. In preparation for its release, Mrs. Markle’s podcast company, Archewell Audio LLC, has filed an application in the United States to trade mark the title, ‘ARCHETYPES’. If this application [...]
New ‘.AU’ domain name – Australian companies need to secure their online real-estate before 20 September 2022
The Priority Allocation Period (‘PAP’) commenced on 24 March and ends on 24 September 2022. As such, all Australian companies should be looking to secure their ‘.au’ domain name, by taking advantage of the six-month PAP for existing owners of domain names ending with ‘.com.au’, [...]
NFT’s and your Intellectual Property Rights
NFT’s are all the rage right now. These three letters are virtually inescapable and the monetary value being attached to some are eye watering, to say the least. However, with the rise of this new wave token also comes the need to consider the issues that [...]