A recent Queensland Court of Appeal decision shows the continuing utility of disclaimers on products despite legislative reforms narrowing the scope of their effectiveness. In Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd[1] a class action was brought on behalf of commercial farmers against the manufacturer of sorghum seed. [...]
Buying or selling a business is a major decision for both the seller and the buyer and can be a daunting and exciting process. Regardless of whether you are a seller or buyer, it is important you take into account a number of considerations and steps when preparing [...]
Vendors in real estate transactions are motivated to have their deposits released as early as possible. This motivation is particularly strong in relation to sales of high-value development sites, which are often sold on terms where settlement may be scheduled many years into the future. A recent decision of 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. [...]
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 [...]
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 is successfully registered, the U.S. [...]
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’, ’.net.au’ or ‘.org.au’. At the [...]
One of the most important aspects of a consumer buying a product or engaging a service is knowing that it meets a certain standard. One way that can assist brands to communicate that their products or services are of a high standard is potentially by the use of a certification [...]
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 may arise with it, in [...]
