STG v Trojan: protecting trade mark rights in the context of parallel importation

In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of read more...

What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with read more...

Social media “influencers”: the do’s and don’ts of disclosure

It’s now a widely acknowledged reality that commercial organisations need defined social media strategies and policies in place as a framework for approaching the world of ’gramming, liking, sharing, connecting (and, a recent addition to the Facebook stable, “reacting”) online.  An increasingly important part of that strategy is often engaging social media ambassadors or “influencers” read more...

Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking read more...

Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal. Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for read more...
Subjects: Media | Trade marks

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Getting mathematical about a musical treasure: “I Am Australian” in the Copyright Tribunal

Back in November 2014 we reported that the iconic song, I Am Australian, was in the midst of a legal dispute in the Copyright Tribunal of Australia (Tribunal) between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth Government.  You can read more about the background to the dispute here. What’s the read more...
Subjects: Copyright | Media

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Guidelines released on the “right to be forgotten”

Search engines are no longer in the dark about how to interpret the now infamous “right to be forgotten” ruling of the European Court of Justice (“ECJ”), handed down in May this year (read our post on the decision here). On Wednesday 26 November, the European data protection authorities assembled in the “Article 29 Working read more...

“I Am Australian”: Seeking compensation for Crown use of copyright

Known and loved by generations of Australians and often described as our unofficial national anthem, the iconic song I Am Australian now finds itself in the midst of a legal dispute in the Copyright Tribunal of Australia between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth government. The musical score was read more...
Subjects: Copyright

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Negotiating the perils and pitfalls of corporate social media: a lesson from Madden v Seafolly

Online social media is now widely acknowledged as the new frontier of corporate communications.  Indeed, nearly 80 per cent of large companies now use social media to connect with their customers.  Having an online presence has become effectively mandatory, but with that comes a range of risks, including in relation to potentially misleading or defamatory read more...