Consumer & Retail – Page 18

Genuine Beauty Masks Mixed With Suspected Counterfeits in Hong Kong

Oct 16 2014

A seemingly endless variety of facial masks can now be found in Hong Kong, some containing ingredients like bird’s nest or the slime of a snail. Do not be surprised to see beauty products depicting a picture of a cheerful snail followed by a trail of slime on the packaging.

It has become routine for many to put on a facial mask at night in Hong Kong. Sadly, some merchants have decided to take unlawful advantage of the popularity of facial masks, albeit not necessarily containing the above ingredients or depicting a smiling snail. Read More

Introducing Our ‘Fashion Law’ Newsletter

Oct 08 2014

“You can never be overdressed or overeducated.” Oscar Wilde

We are excited to announce the launch of Fashion Law, our bi-annual fashion newsletter. This newsletter, which comprises short articles, will discuss legal issues that impact the Australian fashion industry.

From top tips for Australian designers and fashion businesses to changes in laws overseas, Fashion Law will provide you with information on issues that directly affect your business.

Please click here to read the first edition of Fashion Law.

Have the Bubblies Popped for Champagne Jayne?

Sep 30 2014

Rachel ‘Champagne Jayne’ Powell’s passion for Champagne has helped her to become an award-winning wine expert, broadcaster, journalist and presenter. However, Ms. Powell’s ‘Champagne Jayne’ brand has put her at loggerheads with the trade organisation established to manage the common interests of the growers and the Champagne Houses behind the drink she loves so much. Read More

Limping Trade Marks and Distinctiveness in Australia

Sep 24 2014

Oyster Bay’s Wine Bottle Trade Mark Application Rejected

In 2012, New Zealand winery Oyster Bay filed a trade mark application as follows:

Suspected Fake Shoes Swooped in Hong Kong

Sep 18 2014

Acting on a complaint that fake sports shoes were sold in Mong Kok, a popular shopping district for trendy teens and tourists, Hong Kong Customs went into action and raided retail shops and warehouses.

Customs Officers seized suspected fakes, including 1,905 pairs of sports shoes, to a tune of HKD1.67 million. The suspected head of the fake goods syndicate along with six other people were arrested.

The arrests included a 16 year old and Customs has appealed to young people to be on guard against dodgy dealings when working in summer jobs. Read More

Watching Paid TV for Free?

Sep 16 2014

The drama craze and football fever had increased the popularity of set-top boxes, sold at the cost of a few hundred Hong Kong dollars and easy to use. Users can simply connect the box to a TV to enjoy television dramas, sports and even real-time broadcasts from different countries.

Problems arise when set-top boxes are jail broken by sellers, permitting access to unauthorized content. Users and sellers should beware of the potential copyright issues arising from such use. Read More

Not a Free For All on Compilations! Big Additional Damages Payout

Sep 11 2014

Dynamic Supplies Pty Limited v Tonnex International Pty Limited (No.3) [2014] FCA 909

In the liability hearing of this matter (Dynamic Supplies Pty Limited v Tonnex International Pty Limited (2001) 91 IPR 488) Justice Yates found that:

the respondent, Tonnex, had infringed the copyright owned by the applicant, Dynamic, in a computer compatibility chart for printer and computer consumables called the ‘March 2008 CSV file’ (Copyright Work) in breach of the Copyright Act 1968 by reproducing a substantial part of the Copyright Work in its document called ‘Tonnex 2008’
Tonnex had contravened ss 52, 53(c) and 53(eb) of the Trade Practices Act 1974 (Cth).

No Interlocutory Injunction? No Sweat

Sep 09 2014

Unilever Australia Ltd v Revlon Australia Pty Ltd (no.2) [2014] FCA 875

This case is the latest skirmish between two personal product giants, Unilever and Revlon, before war breaks out on 15 September 2014 when the trial begins.

The case concerns ‘clinical’ anti-perspirant deodorant products; Revlon’s product sold under the brand name Mitchum Clinical and Unilever’s products sold under the brand names ‘Rexona’ and ‘Dove’.

The first interlocutory injunction hearing was brought by Unilever against Revlon in May 2014 concerned misleading representations alleged to have been made by Revlon in advertising. On balance, the Court refused to grant the injunction as it would have a serious adverse impact on the worldwide marketing campaign for Revlon and the trial could be held in July 2014. The July trial was eventually adjourned to 15 September 2014. Read More

Permitted Trade Mark Usage as Google AdText

Jul 21 2014

Google AdWords Policy Change for Australia

As reported in April 2013, Google amended its AdWords policy in Australia allowing a company to purchase a competitor’s trade mark as a keyword in order to trigger sponsored ads during Google searches.

Google has now gone one step further and allowed resellers and informational sites from 27 July 2014 to use trade marks in ad text in Australia and New Zealand under certain circumstances. Read More

IP Haiku: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418

Jul 15 2014

Your IP Law Report in 17 Syllables

“Judgments are just getting longer and more complicated, I can’t keep up with all of them!”

A familiar refrain uttered by many a lawyer and law student alike, especially in the modern, digital age (although we expect the Courts might refer to the increasing volume of electronic evidence filed by parties in proceedings as a contributing factor!)

So, in that context, could the essence of a judgment be distilled into haiku (short form Japanese poetry consisting of three phrases of five, seven and five syllables)? Well, we are sure going to try! Read More

Category:Consumer & Retail