Apple and Amazon have recently ended their trade mark stoush (or ‘App Store’ war) over Apple’s claim for exclusive rights to use ‘App Store’ for computer software applications. A valuable reminder for trade mark owners is that if you are forging a new market, be careful to ensure that the brand you consider as ‘fresh’ … Read more
A trade mark is something that identifies your brand and distinguishes it from others. It also helps you build a reputation and brand identity with customers. If you are planning on creating a memorable and distinctive App, extending your existing brand or making money from your App then, YES, you should definitely consider registering a trade … Read more
Despite the breadth of Australia’s laws protecting intellectual property, there is a major fall short in affording substantial intellectual property rights to cultural groups, communities, traditional/indigenous owners, or manifestations of intellectual property that do not fit within the specified categories. The issue What about painting in dots and spots? What about the bold colours of … Read more
Overview A well-drafted restraint of trade (ROT) clause, like a well-constructed gate, can offer valuable protection to your business. A poorly put-together ROT clause is likely to collapse under challenge and will not prevent your employees from setting up in competition. Stress points in restraint of trade ROT clauses are primarily used to stop employees … Read more
Defence Trade Controls Bill 2011 – Further consultation recommended Overview The university and research sectors can breathe an interim sigh of relief as further stakeholder consultation on the Defence Trade Controls Bill 2011 (Cth) (“Bill“) is the key recommendation of a preliminary report presented to the Senate on 15 August 2012 (“Report“) by the Foreign Affairs, Defence … Read more
The decision of the Full Federal Court in University of Western Australia v Gray sent ripples (if not shockwaves) through academia and its research partners (see our earlier article here). A little over two years on, the Gray decision has often been cited but has infrequently been subject to further consideration. Although of limited value as an authority … Read more
