TMs for TLDs: Can descriptive domain names be registered as trade marks?

Earlier this year, the United States Court of Appeals ruled in the case of B.V. v US Patent & Trade Mark Office to find that the seemingly generic word mark “BOOKING.COM” was capable of trade mark registration. The decision has prompted commentary about descriptive domain names and whether they are capable of trade mark … Read more

Super Alert – 12 April 2019

This week’s Super Alert covers an AAT superannuation decision, ASIC’s latest enforcement report, the registration of the Protecting Your Super and AFCA Cooperation regulations and a letter from the regulators in relation to member fees. AAT judgement in relation to reviewable APRA decisions On 12 March 2019, the Administrative Appeals Tribunal handed down its decision … Read more

Treasury releases employee share schemes consultation paper

Background On 3 April 2019, Treasury released an employee share schemes (ESS) consultation paper1 on proposed changes to simplify and expand the ESS regulatory framework to assist small businesses seeking to offer shares to their employees via an ESS. The release follows the Government’s initial announcement on 13 November 2018 of its intention to simplify … Read more

Hutchison Ports Australia agrees to remove unfair terms from its T&Cs with carrier customers

Hutchison Ports Australia Pty Limited (Hutchison) and two other large stevedoring companies have agreed to amend their standard form agreements with their carrier customers after the ACCC raised concerns that these agreements contained terms that contravened the Business to Business Unfair Contract Terms regime (B2B UCT regime) under the Australian Consumer Law (ACL)1. The standard … Read more

Planning and Environment Court approves lots less than 450m2 in Character Residential Zone

Background Smout v Brisbane City Council [2019] QPEC 10 (Smout) involved an appeal against the Brisbane City Council’s decision to refuse a development application for reconfiguring a lot (boundary realignment) and a material change of use (dwelling house on a small lot contained within the Character Residential Zone on a lot smaller than 450m2) (Appeal). The … Read more