Archives for: ‘Scott Bouvier’

The fine line between a franchise agreement and a trade mark licence

In a timely warning for IP lawyers to think beyond IP laws, the Full Federal Court has just confirmed that it doesn’t take much for a trade mark licence to also be a regulated “franchise agreement”. All you need is quality control, business plan/sales requirements, financial oversight and the potential to impose further policies and procedures.

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SOLAHART and SOLARHUT: are you confused?

Buying into clean energy solutions is confusing enough from a technology and regulatory point of view but with choices from SOLAR PROSPECT, SOLAR FRONTIER, SOLARPLUS, [email protected], eSOLAR, SOLAR RESERVE, FIRST SOLAR, SKYLINE SOLAR, BIG SKY SOLAR, SKYPOWER, JA SOLAR, BP SOLAR and TRINA SOLAR etc where do you start and who does what?!

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Drafting international IP licences – watch out for tax risks

We recently posted on certain pitfalls in drafting IP licences.  Well it doesn’t rain, but it pours with these issues, as IBM has recently discovered.  On the receiving end of an adverse Federal Court judgment brought by the Australian Tax Office, IBM has learnt the hard way that the language used to draft an agreement is crucial to how the AT

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New efficiencies from national business names register (but no relief for trade mark owners)

The Federal Government has released exposure drafts of its legislation on a national business names registration system.  The proposed new system will give the Australian Securities and Investments Commission (ASIC) national responsibility for registering, renewing and administering business names for all Australian businesses. 

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Painaway case reveals some painful IP licensing lessons

Painaway Australia v JAKL Group both confirms and undermines the value of exclusively licensing trade secrets and provides some painful lessons in drafting IP licences.

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You had me at Viagra

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Political correctness under review by advertising bodies

The ground rules for advertisers may soon be changing as key industry bodies take a closer look at Australia’s advertising standards.
 
Last week, the Australian Association of National Advertisers (AANA) announced a comprehensive review of the content of its Code of Ethics, the first such review for over a decade.  The Code of Ethics

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Don’t blame it on the boogie: MGM Grand fails in STUDIO 54 opposition

Studio 54 is a name synonymous with the disco era [ed: an era, for some us, that continues to this day].  When the New York nightclub finally closed down in the mid-1990s, the Las Vegas casino and hotel, MGM Grand, acquired the rights to the “STUDIO 54” trade mark and it opened a replica club inside its premises.

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Sorbent brand success leads to trade mark victory

Sorbent branded toilet paper, tissues and related products have been extensively advertised in Australia through TV commercials and magazines over a number of years. The strength of its brand, its products and advertisements are well recognised.

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