Publications

Publications

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Technology, Media and Telecommunications

  1. 12 Dec 16 Frucor fails to get the green light in trade mark colour claim A recent IP Australia trade mark office decision provides guidance on the requirements for registering a colour as a trade mark in Australia pursuant to the Trade Marks Act 1995 (Cth). In Coca-Cola Company v Frucor Beverages Limited [2016] ATMO 38 (22 June 2016), the Coca-Cola Company was successful in its opposition against Frucor Beverages Limited’s attempt to register the colour green as a trade mark for energy drinks in Australia.
  2. 12 Dec 16 Trade mark licensing - the Lodestar decision - is everything under control? The High Court’s decision not to grant special leave to Campari to appeal against the decision of the Full Federal Court in Lodestar Anstalt v Campari America LLC [2016] has significant implications for trade mark holders. In rejecting the special leave application on 16 November 2016, the High Court said there was no reason to doubt the Full Federal Court’s decision. Lodestar therefore remains an authoritative statement of the law in Australia.
  3. 16 Sep 16 Droning on - the case for regulatory change Amazon’s planned trial of drone delivery services in the UK gives us a glimpse into an exciting future, but regulatory issues in that country are similar to those in Australia, and so there are clearly still some challenges to overcome before widespread commercial deployment becomes a reality.
  4. 7 Sep 16 Data breach notification laws a step closer to reality - is your business cyber-ready? Cyber-security is one of the most pressing issues for businesses of all sizes. Protecting your networks and data is more complex and important than ever before. For most organisations, being targeted by a cyber-attack is a matter of ‘when’, not ‘if’.
  5. 8 Dec 15 Welcome to the 'Ideas Boom' The Federal Government’s unveiled its highly-anticipated Innovation Statement, “welcome to the ideas boom”, designed to drive innovation in government, promote a culture of entrepreneurship and place innovation at the heart of everything we do in Australia.
  6. 28 Jul 15 Top 10 tips for IT procurement IT procurement does not always get the management and legal attention it deserves. Unlike other transactions, such as buying property or selling a business, IT procurement is often seen as an informal process despite the spend often being significant. Here are our top 10 tips for IT procurement, to help make sure you get it right.
  7. 23 Jul 13 Freelancing with risk Online freelance websites that specialise in acting as an intermediary between clients and designers, provide a cost effective way to create logos and websites among other things. However the risks they pose to business are often misunderstood or simply ignored.
  8. 27 Mar 13 Trade mark owners - the gTLD Trade Mark Clearing House is now open As part of the new generic Top Level Domain (gTLD) program, ICANN have established the Trade Mark Clearing House, a centralised database of trade mark information aimed at protecting brands and trade marks in the new gTLD domain space.
  9. 29 Mar 12 BRCA gene patents - hold the Mayo Our patent law expert, Dr Amanda McBratney discusses the latest development in the US gene patent litigation, Association for Molecular Pathology v Myriad Genetics Inc.
  10. 29 Mar 12 New generic Top Level Domains will change the face of the Internet New generic Top Level Domains (gTLDs) being introduced around the world are changing the face of the Internet. They will allow you to secure your own unique extension to traditional web addresses. Malcolm McBratney, Intellectual Property Partner from McCullough Robertson outlines the tips and traps around this new online tool.
  11. 30 Sep 11 Google not responsible for AdWord infringement Late last week, Justice Nicholas of the Federal Court handed down his decision in Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [1]. The decision is an important one for those companies that undertake online search result advertising. Senior Associates, Alex Hutchens and Belinda Breakspear discuss the findings of the case and their implications for businesses buying online advertising and those protecting their brand from others undertaking online advertising.