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By: Melinda Upton, Jessie Buchan, Valiant Warzecha, and Alexandra Moore 

The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have…
Continue Reading AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193

By Rohan Singh, Jessica Noakesmith and Brett Shandler

Universal Music Australia Pty Limited v TPG Internet Pty Ltd [2017] FCA 435 (28 April 2017) (Universal Music)

Last week in the Federal Court

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Continue Reading IF YOU CAN’T BEAT THEM, BLOCK THEM. SECTION 115A STRIKES AGAINST PIRACY WEBSITES, THIS TIME FOR THE MUSIC INDUSTRY

By Josephine Gardiner (Sydney)

Australia’s best-known horse racing event, the Melbourne Cup is on today. The race is known to stop the nation… but that’s not all they’re stopping for! Floral frocks, feathers and fascinators – the event is a real life fashion show with its own catwalk known as ‘Fashions on the Field’. The dress etiquette for the event requires ladies to wear a headpiece, usually a one-off piece of millinery. However, such ‘one-off’ pieces are becoming harder to find as millinery falls victim to copying.…
Continue Reading WHEN IT COMES TO INTELLECTUAL PROPERTY, MILLINERS SHOULD TAKE OFF THEIR FASCINATORS AND PUT ON THEIR THINKING CAPS!

By Melinda Upton, Jessie Buchan and Courtney Adamson (Sydney)

Prior to 2014, the majority of large global retailers were electing to take a somewhat soft approach to their entry into the Australian retail market.  By opening up websites locally and/or shipping to Australia via online means, overseas retailers were able to follow a low-cost, low-risk way of entering a new market to test the waters before investing further.  One company that successfully followed this approach is US homewares giant Williams-Sonoma.  The company elected to introduce Australian consumers to its products and brand online before investing in bricks and mortar stores.  By the time Williams-Sonoma launched its ambitious plans to open stores domestically, Australia had already become its largest market outside North America thanks to its online presence.…
Continue Reading THE RISE AND FALL OF THE AUSTRALIAN DOLLAR – IMPLICATIONS FOR AUSTRALIAN RETAIL

By Courtney Adamson

The term “limping trademark” was first coined by Justice Jacob in Philips Electronics NV v Remington Consumer Products (1997) 40 IPR 279 to describe a mark that was not capable of fulfilling the role of a trademark without further elements of a company’s branding. In this case, the mark in question was an image of the top portion of a Philips electric shaver. Jacob J found that the mark had never been used without the well-known PHILISHAVE trade mark or trusted to do the “job” of a trademark on its own.…
Continue Reading THE TROUBLE WITH “LIMPING TRADEMARKS”