Turned belly up: Aldi found liable for copyright infringement of competitor’s ‘Bellies’ brand
21 January 2025
On 17 December 2024, Moshinsky J handed down his decision in Hampden Holdings I.P.
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Advertising & marketing
A lesson in best practice: ‘The Practice’ trade mark dispute
11 December 2024
Case note on the recent decision of The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299. This case highlights the importance of conducting comprehensive trade mark searches before commencing use of the prospective mark.
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Burger case bounces In-N-Out of court in meaty appeal
9 February 2021
Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full Court.
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No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited
19 November 2020
Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with.
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Ouch! Federal Court of Australia imposes $4.5 million-dollar penalty for misleading marketing of pain-relief products
3 June 2020
The Federal Court has handed down a significant $4.5 million penalty over misleading claims made with respect to the over-the-counter muscular pain relief products, ‘Voltaren Osteo Gel’ and ‘Voltaren Emulgel’.
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Popping prosecco’s bubble: geographical indications and the prosecco war
23 January 2020
As we leave the holiday season behind us, let’s “wine” down and discuss the latest saga in Australia’s wine industry.
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Australian company ordered to pay $10 million for unacceptable advertising claims: TGA uses its power to penalise inappropriate online advertisement and sale of therapeutic goods
2 August 2019
With increased internet penetration, the development of a myriad of mobile/ online applications for the delivery of digital health services that are expected to transform the way in which health care is provided and experienced, and the exponential growth in the number of e-commerce businesses vying for a share in the online retail space, there can be little doubt that the health care landscape is undergoing rapid change.
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Spinning the wheel – Star Wars Battlefront 2 brings gambling regulatory spotlight on lootboxes
22 December 2017
If you have more than the most passing of interests in the video game industry, you will know that the hot topic in the field for the past few weeks has been the use of “lootboxes” by Electronic Arts as a reward system in their new title Star Wars: Battlefront 2. The consumer backlash to EA has been dramatic. Market analysts have downgraded their recommendations for EA’s stock due to disappointing sales of the new title, and there have been calls to regulators around the world to investigate whether such measures constitute gambling (which is prohibited without a licence in many jurisdictions). The results of such investigations will vary and will depend on different attitudes of parliaments and regulators and the details of their legislative regimes. So, could lootboxes be considered gambling in Australia?
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Would you like rights with that? The real reason behind In-N-Out’s periodic pop-ups?
20 January 2017
In-N-Out has again given bloggers and Instagrammers heart palpitations by opening a pop-up restaurant in Sydney for ONE DAY ONLY, leaving burger lovers from other parts of the country (including the author of this article) seething with jealousy -- something that doesn’t often happen when non-Sydneysiders think of Sydney.
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