Enforcing obligations of confidence against ex-employees

There are various ways, both legal and practical, to protect yourself against the risk of an ex-employee making use of your valuable business information and poaching your customers.  One of the ways in which employers are protected is through the doctrine of confidential information.  However, understanding the limitations of that protection is important.  read more...

Subjects: Confidentiality

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I think we should break up

When entering into licence agreements for TV and other media, few would forget to pay attention to the intellectual property rights of the parties.  But it's important to remember that the IP rights you're granting, receiving, or retaining are only as good as the contract which embodies them.  Therefore, it's pivotal to understand how the contract works and how it can be brought to an end.  A recent Federal Court decision addressed the difficulties of effectively ending a TV broadcasting licence agreement, and provides useful guidance on what to do and what not to do.
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Subjects: Contracts

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We can do this the Easy Way or the hard way

It's not trade mark infringement to use the registered trade mark of another trader in comparative advertising.  For example, if you are promoting a new cola drink, you won't infringe Coca-Cola's registered trade mark by advertising that "it tastes better than Coke".  However, even if there is no trade mark infringement, comparative advertising is prone to being considered misleading or deceptive.  Infinite Plus Pty Ltd recently found this out the hard way.
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Back to basics: contract law 101

Was there a contract?  It's among the most fundamental of legal questions, and it's one that was recently taken all the way to the NSW Court of Appeal.  Animax Films Pty Ltd (the Appellant) and Simlogic Pty Ltd and Bohemia Interactive Australia Pty Ltd (the Respondents) were unable to agree on whether the exchange of five simple emails had resulted in a binding contract under which the Appellant would produce a "teaser" (aka preview) of a film for the Respondents.  The relevant parts of the emails are set out below.  Can you tell if a contract was f read more...

Subjects: Contracts

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I am not bi-polar, I am bi-winning

Twenty four trade mark applications, including VATICAN ASSASSIN, VIOLENT TORPEDO OF TRUTH, and LIVING THE SHEEN DREAM were filed between 19 and 22 March 2011 in the United States by Hyro-gliff Corporation, a company linked to Charlie Sheen.  Of the twenty four applications, twenty two are for "Sheen-isms", one is for the character mark "S¢K" and one is for Sheen's signature.
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Subjects: Trade marks

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