The metaverse and related technologies like virtual goods, non-fungible tokens (NFTs) and blockchain, represent a fundamental shift in how we interact with the internet, as the distinction between our activity online and in real life begins to blur. These emerging technologies present enormous opportunities for businesses, but bring with them a number of difficult legal challenges.Read More
The Full Court of the Federal Court of Australia handed down its appeal decision on 10 May 2023 in New Aim Pty Ltd v Leung  FCAFC 67 (Appeal). A five judge panel presided over the Appeal and ultimately found in favour of the Appellant, New Aim Pty Ltd, including in relation to appeal ground 12 which contended that the primary judge erred in rejecting the entirety of the written and oral evidence of New Aim’s expert at trial, Ms Chen.Read More
In the recent Australian Federal Court decision of Taylor v Killer Queen, LLC (No 5)  FCA 364, Justice Markovic aptly explained “a tale of two women, two teenage dreams and one name” and held that international popstar Katy Perry infringed Australian clothing designer Katie Taylor’s registered trade mark for KATIE PERRY by selling clothing merchandise in Australia branded with her Katy Perry stage name.Read More
Generative AI systems like ChatGPT and DALL-E have been attracting media attention for their potential to cause disruption across a range of industries. In a recent report, Goldman Sachs estimated that generative AI systems could impact 300 million full-jobs globally. In the same report, Goldman Sachs found that the same AI systems could also boost global productivity and lead to a 7% increase in annual global GDP.Read More
The High Court has clarified the test for trade mark infringement, with a unanimous rejection of Allergan Australia’s claims against Self Care IP Holdings Pty Ltd (Self Care) for the use of “PROTOX” branding on anti-wrinkle skin care products in Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor  HCA 8.
Self Care was successful on all matters on appeal, with the Court finding that Self Care did not use “instant Botox alternative” as a trade mark, “PROTOX” was not deceptively similar to “BOTOX”, and the phrase “instant BOTOX alternative” was not used in breach of the Australian Consumer Law (ACL).Read More
Some of the largest false advertising jury verdicts were recorded in 2022. This, coupled with increased inflationary pressures will likely lead to an uptick in false advertising suits given that such pressures will impact consumer spending habits, leading to increased scrutiny of competitor advertising practices—particularly in the social media space.Read More
On 24 November 2022, the Australian Attorney-General the Hon Mark Dreyfus KC MP announced the Attorney-General’s Department intention to release an issues paper for public consultation, as the first stage of a review into Australia’s current copyright enforcement regime. The broad aim of the review is to understand:
- Current and emerging copyright enforcement priorities and challenges;
- Whether Australia’s copyright enforcement regime remains relevant, effective and proportionate; and
- Whether existing enforcement mechanisms need to be strengthened, and if so, how this could be done without imposing unreasonable administrative or economic burdens.
It’s all out in the wash: Henkel Australia Pty Ltd (Henkel) has successfully removed two dishwashing tablet trade marks owned by Reckitt Benckiser Finish BV (Reckitt) from the register.
In the recent Federal Court decision RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd  FCA 1042, Rofe J simultaneously overturned an interlocutory injunction against Henkel and declared that two trade marks for dishwashing tablets owned by Reckitt should be removed from the register for non-use.Read More
“80% of the souvenirs sold in Australia purporting to represent First Nations cultures are in fact imitation products. These inauthentic items have no connection to First Nations peoples and are often cheaply made imports.”
This extraordinary statistic was presented by Ann Sudmalis MP, Chair of the Standing Committee on Indigenous Affairs which tabled the 2018 Report on the impact of inauthentic art and craft in the style of First Nations peoples (Report).Read More
Ensuring trade marks are registered in the correct name is of critical importance, especially when registration of the trade mark is challenged.
This was amply demonstrated in the recent Federal Court of Australia decision of Watson as Trustee for the Watson Family Trust v Cosmetic Warriors Ltd  FCA 700.Read More