Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.
Designing the future: is it Australia’s time for a virtual makeover in design protection?
Australia is amongst a shrinking number of countries that do not allow virtual and partial design protection. After back-to-back years of domestic and international action focused on improving design protection laws, is this about to change?
This article explores the recent updates and what they could mean for the future of design protection in Australia.
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Ugg-ly business: the trade mark tug-of-war over sheepskin boots
While ugg boots are internationally recognised as an Aussie icon, the use of the word ‘ugg’ runs into trade mark trouble when used by Australian manufacturers to sell the boots outside of Australia. This article discusses whether a geographical indication for ugg boots could be the solution to this hurdle.
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Tick the box: lessons on incorporating terms into contracts
Signed but didn’t read? You’re still bound by the T&Cs – but whether they are enforceable could depend on the contract as a whole and the conduct of the parties.
A recent court case involving jewellery business Michael Hill and its packaging supplier confirms that signing an agreement that references additional terms makes those additional terms binding, regardless of whether the signatory has read the referenced terms. However, inconsistencies in the sales agreements as a whole and the parties’ conduct meant that some of those terms weren’t enforceable.
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In case you missed it, the following articles were recently written and published by our team:
What ICANN do for you: understanding domain names
Domain names are licensed, not owned, and require ongoing attention to ensure they’re properly renewed. ICANN, the global organisation overseeing domain name policies and dispute resolution, doesn’t directly manage individual domain names, leaving businesses responsible for managing their registrations.
Our team discuss the importance of conducting pre-registration checks, securing trademarks, and keeping your domain details up to date to protect your brand and avoid costly disputes.
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But I think you’re moving too fast: agile from a dispute perspective
Agile methodologies promise faster delivery and increased flexibility. But without clear guidelines and documentation, they can lead to misunderstandings and disputes.
In this article we explore four key strategies to minimise the risk of misalignment between parties. By implementing these strategies, you can significantly reduce the chances of disputes and ensure a smooth and successful agile project.
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App-etite for disruption? Australia’s proposed new digital competition regime
Key digital platforms run by a small number of very large companies have become pivotal to our daily lives, as all commerce increasingly becomes part of a ‘digital economy’.
The Australian Government has formed the view that new competition laws are necessary for ‘the fast-moving, complex digital economy’, with narrow control over key digital platforms creating potential competition risks such as higher costs, lack of choice and barriers to switching.
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BEC scams: first major Australian authority and its impact: Mobius Group Pty Ltd v Inoteq Pty Ltd [2024] WADC 114
Business email compromise (BEC) scams are increasingly sophisticated and costly. The recent West Australian District Court decision of Mobius Group Pty Ltd v Inoteq Pty Ltd [2024] WADC 114 is the first case of its kind in Australia to shed light on liability issues associated with these scams. The court ruled that the payee had no duty of care to the payor in relation to the payee’s IT security measures to protect against third-party fraud and emphasised that the payor was in the better position to protect itself from fraud by verifying the change in bank details through a follow-up phone call.
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Scam alert
Scammers have a new ploy: impersonating real trade mark attorneys in emails warning about ‘a critical matter’ with false information and dire warnings, aiming to take advantage of unsuspecting business owners.
In this article we highlight some common scams concerning IP rights and tips on how to avoid falling for them.
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When linen turns legal: dispute between two Bed & Bath retailers
The Full Court of the Federal Court has overturned a finding that Australian retailer House engaged in misleading or deceptive conduct with its “House Bed & Bath” stores and upheld the finding of no trade mark infringement by House of its competitor, Bed Bath ‘N’ Table.
This decision highlights the importance of evaluating dominant features in trade marks and the challenges of establishing reputation in descriptive terms.
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Cyber bytes: twelve days of Christmas edition
2024 stands out as a landmark year for cyber security law and regulation in Australia. The year has been marked by significant legislative reforms, the first ever use of cyber sanctions, new reporting requirements and information sharing provisions and other legal developments.
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