Knowledge

28/05/13

A Trade Mark Storm is Brewing in Melbourne

In a noble move to enrich Australia’s cultural and historical legacy, boutique brewer Thunder Road Brewing is looking to revive many of Australia’s heritage beer brands, including Brisbane Bitter, Cairns Draught and Ballarat Bitter. However, their plans have gone slightly a-rye, as Carlton United Breweries (CUB) currently holds trade mark rights in the historic labels....

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Out of Court Settlement Fixes Kym Ellery’s Fashion Faux-Pas

Both the fashionably and legally inclined watched on last week as Australia’s most fashionable case unfolded in the Victorian Supreme Court. Retail giant Myer originally toted Sydney-based designer Kym Ellery to court in January over a breach of contract, after the 29 year old entered a deal with its rival, David Jones, in November last...

Google Changes AdWords Trade Mark Policy

Change is certainly in the air at Google. Turns out that while we were busy lamenting the loss of our beloved Google Reader, the folks over at Google were equally busy revising the AdWords trade mark policy in Australia. Here is what you need to know. Key changes From 23 April 2013, Google will no...

Google Successfully Searches for Win in the High Court

The extent of liability of Internet intermediaries for the material they publish on the Internet continues to be point of dispute in Australia and around the world. In the latest case to examine this issue, Google Inc v ACCC [2013] HCA 1, the High Court has unanimously found that Google did not engage in misleading...

A Chilly Trade Mark Dispute in Our Backyard

Sydney’s favourite gelato shop, Gelato Messina, recently found itself in a sticky and not-so-sweet trade mark dispute. Last week Gelato Messina created the ‘Gaytime’ flavour as a tribute to both the Sydney Gay and Lesbian Mardi Gras and everybody’s favourite childhood ice-cream (in case you were hungry wondering, the flavour consisted of layers of caramel...

Swimwear designer in hot water for slagging off Seafolly on social media

In the recent case of Seafolly Pty Ltd v Madden [2012] FCA 1346 (29 November 2012), the Federal Court found Leah Madden, principal designer of Australian swimwear label White Sands, liable for misleading and deceptive conduct and false representations under sections 52 and 53(a) of the Trade Practices Act 1974 (now sections 18 and 29...

Alcohol Promotions – Update

The NSW Office of Liquor, Gaming and Racing has issued a warning about irresponsible alcohol promotions. This was prompted by the banning of a promotion being run by a Kings Cross night club which aimed to “break the Guinness World Record for the most mojito cocktails made in one hour”. The Facebook marketing of this...

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