Alyson Poole (AU)

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Trade mark ownership: As easy as A-B-C?

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 seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than … Continue reading

A smooth [not crunchy] win in Bega’s favour

By Matt Allen (AU), Alyson Poole (AU) and Frances Drummond (AU) on June 18, 2020 Posted in Trademark

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 in trade dress and goodwill and internal and external trade mark licensing structures. Ultimately, the … Continue reading

Demand may be booming, but are breaches looming? We discuss compliance with Australian Country of Origin labelling regulations in the context of COVID-19

By Georgina Hey (AU), Alyson Poole (AU) and Matt Allen (AU) on May 13, 2020 Posted in General

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.… Continue reading

A different type of virus

By Frances Drummond (AU) and Alyson Poole (AU) on April 5, 2020 Posted in Advertising

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 … Continue reading

Healthy treat or misleading deceit? ACCC intends to crackdown on misleading claims in food marketing

By Georgina Hey (AU), Alyson Poole (AU) and Matt Allen (AU) on March 30, 2020 Posted in Advertising

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. … Continue reading

Are you kicking goals when it comes to social media activity, or heading to the sin bin?

By Rebecca Brenikov (AU) and Alyson Poole (AU) on May 12, 2019 Posted in Advertising, Copyright, General

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 by photographer Michael Wilson), resulted in Australian female AFLW star, Taylor Harris, hitting all the … Continue reading

Ok Google, Hey Siri, Hi Alexa – have you renewed my trade mark yet?

By Frances Drummond (AU), Alyson Poole (AU), Sophie Lees (AU) and Rebecca Brenikov (AU) on March 18, 2019 Posted in Trademark

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 actionable intelligence are no longer far-out themes, but instead are being used regularly (and with … Continue reading

V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

By Helen Macpherson (AU) and Alyson Poole (AU) on August 13, 2018 Posted in Trademark

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 (green) park. The recent decision of Frucor Beverages Limited v The Coca-Cola Company [2018] FCA … Continue reading

What’s in a name? How to protect yourself if your name is your personal brand

By Alyson Poole (AU) and Isobel Taylor (AU) on March 22, 2017 Posted in Advertising, Trademark

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 name can be a crucial component of being recognised by consumers. But the question remains: should … Continue reading

Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case concludes

By Alyson Poole (AU) on December 8, 2016 Posted in Trademark

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 the 2016 decision of the Full Federal Court of Australia. For full background on the … Continue reading

New country of origin food labeling system

By Alyson Poole (AU) and Frances Drummond (AU) on May 9, 2016 Posted in Advertising

The Times, They Are A Changin’: From 1 July 2016, new country of origin labeling requirements will become a reality in Australia, with a new food labeling system commencing under the Australian Consumer Law. Both consumers and businesses need to be aware of the new system, which is intended to ensure that labels are clear … Continue reading

Turkeys, Geese and the wild question of control

By Georgina Hey (AU) and Alyson Poole (AU) on February 10, 2016 Posted in Trademark

For trade mark owners, there are many benefits to trade mark licensing. Not only are there financial gains, but licensing agreements can build brand exposure and heighten the reputation of the existing business. However trade mark licensing is more than a matter of signing off and sitting back to reap the rewards. As recent judicial … Continue reading

All aboard? Possible changes to country of origin food labeling in Australia

By Alyson Poole (AU) on February 9, 2016 Posted in Advertising

The Department of Industry, Innovation and Science (DIIS) is currently calling for submissions from food industry stakeholders in response to a consultation paper which has the potential to change significantly the framework governing food labeling requirements in Australia. This update discusses possible changes to food regulation, including through the introduction of a requirement for labels … Continue reading

When is a Winnebago not a Winnebago?

By Alyson Poole (AU) on November 1, 2013 Posted in Trademark

Recent Full Federal Court decision aims to reduce confusion in Australia The kids have grown up, the retirement papers are finalized and your superannuation cheques are flowing in. What is the next logical step? A motor home tour around Australia, I hear you cry. But when it comes to choosing the right chariot, that the … Continue reading