Knowledge

08/04/16

Image rights – the debate continues post mortem

In both Australia and the UK, there is no such thing as an “image right” or “right of privacy” which allows a celebrity to control the use of his or her name or image. This was confirmed by the UK High Court in the Rihanna and Top Shop case[i]. Instead both UK and Australian courts rely...

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Vetements won’t rain on Mr Tran’s parade

For those in the fashion know, Vetements is the darling of French fashion at the moment, having reinvigorated a sense of street in the industry, and one of its founders recently being named artistic director of Balenciaga. Vetements (meaning ‘clothes’ in French) is well known for its consistent use of third party trade marks in...

Not even “Steam” can hide from foreign Consumer Guarantees!

In Australia we have statutory guarantees for consumers under the Australian Consumer Law (ACL) (Consumer Guarantees). These are designed to protect Australian consumers from being sold goods or services which are not of acceptable quality or are not fit for the purpose for which they were sold. Under the ACL, consumers are entitled to a...

Battle of the Giants – Oracle v Google

There have been some new developments in the long running stoush between Google and Oracle. Shortly after acquiring Sun Microsystems in 2010, Oracle sued Google for copyright infringement, accusing Google of copying the Java language APIs (or application programming interfaces) in its Android product. In 2015, Oracle successfully contended that software interfaces (the way software...

The Apple v Samsung battle continues…

Naturally when Samsung was told it had to pay Apple $399 million in damages, being its entire profits no matter how little Apple’s patented design features contributed to the value of Samsung’s phone, it was outraged! Consequently Samsung filed a Writ of Certiorari in an attempt to have the US Supreme Court overturn the US...

Unfair Contract Law Soon to Protect Small Businesses

The law that protects consumers from unfair contract terms will be extended to cover small businesses from 12 November 2016. The Australian Competition and Consumer Commission (ACCC) and the Australian Securities Investment Commission (ASIC) delivered a webinar last week which discussed the changes for small businesses. Although the unfair contract law is regulated by ACCC...

Good Mornington Peninsula! The first Victorian provenance trade mark is registered

Producers on the Mornington Peninsula have successfully applied for a provenance trade mark, and are now armed with a new way to identify locally grown and produced food. Following the registration, food grown or produced entirely on the Peninsula can now be sold under its own brand. The trade mark was launched recently and 17...

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