Major Changes to Australia’s Cyber Security Landscape
In the wake of increasing data breaches,[1] on 29 November 2024, the Government passed its new tranche of legislative measures under its 2023-2030 Australian Cyber Security Strategy seeking to address legislative gaps, and bring Australia in line with international standards.[2] The Cyber Security Act 2024 [...]
United States Patent and Trademark Office (USPTO) Increases to Trademark Fees and Changes starting 18 January 2025
From 18 January 2025, the United States Patent and Trademark Office (“USPTO”) will adjust its fees, with its rationale being that these increases are necessary to provide themselves with the necessary resources to administer the US trademark system. As such, new surcharges/fees to the trademark [...]
Update to ‘Privacy Act – Reform is on the Way’
As we reported in our previous article (https://pointonpartners.com.au/privacy-act-reform-is-on-the-way/), the Federal Government released a Privacy Act Review Report (“Review”) last year foreshadowing changes to privacy legislation in Australia. A response to the recommendations outlined in the Review was then released by the Federal Government following feedback [...]
Disney’s Shift in Legal Strategy: A Case Study in Contractual Disputes and Arbitration Clauses
In October 2023, Jeffrey Piccolo faced a devastating loss when his wife, Dr. Kanokporn Tangsuan, passed away due to a fatal allergic reaction at Raglan Road Irish Pub in Disney Springs, part of the Walt Disney World resort property. Despite assurances that Dr. Tangsuan's meal would [...]
European Union Artificial Intelligence Act
In this digital age, it is interesting to note that legislation known as the “Artificial Intelligence Act” (“Act”) was recently approved by the European Parliament on March 13, 2024.[1] The Act aims “to promote the uptake of human centric and trustworthy artificial intelligence (AI) while [...]
The Battle of the Jars
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 [...]
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 [...]
Privacy Act – Reform is on the Way
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 [...]
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 [...]