Australia has a long history of class action litigation. Outside of the United States, Australia has one of the most active class action markets globally.
It is 25 years since the introduction of the class action regime in the Federal
Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP. Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or
What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too. However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us,
Louis Vuitton is attempting to raise the bar in Canada for landlord liability in the sale of counterfeit goods, pursuing several flea market operators in the Ontario Superior Court for the sale of counterfeit Louis Vuitton merchandise taking place on
While Canadian trademark owners can enforce their rights without obtaining a registration, there are a number of significant advantages to registering a trademark in Canada, including:
Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to
In a case with potentially significant ramifications for regulatory oversight of the labeling and advertising of foods and pharmaceuticals, the Eleventh Circuit held the First Amendment precluded the Florida Department of Agriculture’s Bureau of Dairy Industry (the “Florida Bureau”) from
On March 22, 2017, while millions of viewers were watching U.S. college basketball teams vie for the national championship, the uniforms worn by the cheerleaders became the focus of a U.S. Supreme Court copyright ruling. In Star Athletica, L.L.C. v.
Cher, Prince, Oprah, Bono – all of these celebrities have one thing in common – the capacity to be recognised by nothing more than a single name. For businesses which are built on the success of a personal brand, a
The Inquiry Report into Intellectual Property Arrangements recently published by the Productivity Commission (Report) argues that Australia’s IP system is weighted too heavily in favour of rights holders and against the interests of the broader community. It has made various