This article was co-authored with Samantha Stone.
On 13 May 2026, the High Court of Australia handed down its unanimous decision in Zip Co Limited & Anor v Firstmac Limited [2026] HCA 16, settling the law on the defence
Orphan works, remote learning and AI: updates regarding the Commonwealth Government’s recent proposed amendments to the Copyright Act
- facilitate the use of copyright materials for which the
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?
Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps
NUMB: BOTOX reputation insufficient to stop PROTOX
Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative
(Un)conscious Marketing: Is green really the new black?
As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental
Raising our (Ad) Standards: What environmental claims have Australian regulatory bodies deemed acceptable (or not)?
The recent announcement that the self-regulated Australian Association of National Advertisers’ (AANA) will be undertaking a review of the AANA Environmental Claims Code (Environmental Code) follows the growing community concern about the environment, increased sustainability claims
Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective
We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through
Aristocrat Technologies: The Future Patentability of Gaming Technology and Computer-Implemented Inventions
Last month, the High Court dismissed an appeal by gaming technology provider Aristocrat Technologies over whether computerised components in their electronic gaming machines (EGMs) which triggered a “feature game” constituted patentable subject matter.
The judgment was split evenly
Please, sir, I want some more: Orphan works and other copyright law reforms
Late last year, the Australian government released the long-awaited Exposure Draft of the Copyright Amendment (Access Reform) Bill 2021 (Cth) (Bill). The Bill is designed to implement aspects of the Government’s response to the Productivity Commission’s 2016 Inquiry
Choc it out: Lindt’s golden bunny granted trade mark recognition in the EU
It is well-established that a shape or colour alone can function as a trade mark, that is, a badge of origin indicating to consumers the source of the relevant goods or services. However, in practice, achieving the level of ubiquity