Trade mark ownership is an important consideration for any business. Ensuring that a business holds all rights to enable it to make full use of its trade mark should be front of mind in any branding consideration. Unfortunately however, while
A smooth [not crunchy] win in Bega’s favour
The facts of the 2019 Federal Court decision in Kraft Foods Group Brands LLC v Bega Cheese Limited were far from simple. The case centred around a battle between Kraft and Bega, involving considerations of ownership and divestment of rights
Demand may be booming, but are breaches looming? We discuss compliance with Australian Country of Origin labelling regulations in the context of COVID-19
In recent articles, we have commented on the Australian Competition and Consumer Commission’s (ACCC) Country of Origin (COO) labelling regulations as they relate to food packaging and more recently, the ACCC’s focus for 2020 on misleading or deceptive claims relating to food packaging. Our previous articles can be reviewed here and here.
A different type of virus
When times become tough, stressful and trying, many people react with humour. As the world finds itself in the midst of a global medical virus, a different type of virus – a virtual virus – has taken off and continues to grow. COVID-19. A virus interchangeably referred to as Coronavirus. A virus which is familiar to almost all of humanity at the present time. And a virus which has become the subject of many social media memes, jokes and other humorous online content.
But what happens when it is your business or personality that becomes the subject of such a “virtual virus”?
Healthy treat or misleading deceit? ACCC intends to crackdown on misleading claims in food marketing
In February 2020, the Australian Competition and Consumer Commission (ACCC) released its compliance and enforcement policy and priorities for 2020. Amongst the ACCC’s key enforcement priorities will be a focus on misleading conduct in relation to the sale and promotion of food products, including health and nutritional claims, credence claims and country of origin claims. This enforcement priority has been driven by what ACCC Chair Rod Sims refers to as “the growing community attention to health-related issues”.
Are you kicking goals when it comes to social media activity, or heading to the sin bin?
They say that a picture tells a thousand words. But as became apparent in Australia recently, posting a picture on social media can result in a thousand (derogatory and sexist) words.
A photograph posted on Twitter by Seven AFL (taken
Ok Google, Hey Siri, Hi Alexa – have you renewed my trade mark yet?
With the ever increasing ubiquity of technologies improving everyday tasks in personal life, it is little wonder that such technologies are also offering efficiencies and advantages in the work context. Phrases such as process automation, data mining, machine learning and
V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola
We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres. But for brand holders, gaining protection for proprietary colours is not a walk in the
What’s in a name? How to protect yourself if your name is your personal brand
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
Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case concludes
A recent High Court of Australia (HCA) decision has marked the finale of the dispute between Lodestar Anstalt (Wild Geese Whiskey) and Campari America LLC (Wild Turkey Bourbon), with the HCA refusing to grant Wild Turkey Bourbon leave to appeal