Frances Drummond (AU)

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Band brands, band break-ups, and bickering in between

By Jane Berry (UK) and Frances Drummond (AU) on December 27, 2013 Posted in Trademark

It is not something that any loyal music fan wants to hear, but bands, of all shapes, sizes and levels of musical talent, break-up. It is hardly the most optimistic forecast, but it’s one that, realistically, every musician needs to consider. Band break-ups, splits and band members being kicked out raise the question of ownership … Continue reading

ACCC v Kingisland Meatworks & Cellars: Food for thought

By Alice Winter-Irving (AU) and Frances Drummond (AU) on December 20, 2013 Posted in Advertising

The Australian Competition and Consumer Commission (ACCC), the consumer watchdog in Australia, is cracking down on businesses making false and misleading premium claims to obtain a selling advantage. One type of premium claim suggests a product has a perceived quality through association with a place of origin, for example “Swiss chocolate” or “Belgian beer.” King … Continue reading

Brand owners continue to target parallel importers

By Cameron Harvey (AU) and Frances Drummond (AU) on November 26, 2013 Posted in Trademark

A recent case brought by Electrolux in the Federal Court of Australia reflects the trend of brand owners targeting parallel imports of their goods into Australia. Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600. The Federal Court strengthened the position of trade mark owners in this area in its decision in Paul’s Retail … Continue reading

Further changes to labeling and packaging for pharmaceutical businesses harmonization of ingredient names by the Therapeutic Goods Administration

By Frances Drummond (AU) on July 2, 2013 Posted in Advertising

In an effort to avoid confusion, the World Health Organization designates a generic name, or International Non-proprietary Name (INN), for each ingredient in medicines. Pharmaceutical companies may then use proprietary names, or trade marks, to distinguish their goods from those of other traders. An example of this is the INN ingredient ‘paracetamol’ which is also … Continue reading