Tag:Australia

1
Fame Isn’t Everything: Australian Designer Trumps Popstar After Long-Running KATY/KATIE PERRY Trade Mark Dispute
2
Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia
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Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia
4
Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations
5
Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI
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Patent Victory? Here’s When You Decide Between Damages or an Account of Profits
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Keep Spinning: Aristocrat Finally Hits the Patent Jackpot
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Busted! Melbourne International Film Festival Director Subject to Urgent Interlocutory Injunction Over Moral Rights
9
New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information
10
Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Fame Isn’t Everything: Australian Designer Trumps Popstar After Long-Running KATY/KATIE PERRY Trade Mark Dispute

The High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry (born Katheryn Hudson) and Australian fashion designer Katie Taylor (born Katie Perry).

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Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia

The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films1, finding that general moral rights waivers for copyright works are not enforceable.

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Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia

The High Court of Australia has allowed Bed Bath ‘N’ Table Pty Ltd’s (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).1

The key takeaway for businesses is that a finding against trade mark infringement does not prevent liability under the Australian Consumer Law (ACL).

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Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid Protocol system.

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Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI

The Albanese Government has rejected a proposal to amend Australia’s copyright laws to allow artificial intelligence (AI) systems to freely train on copyright works, according to an official statement released on Sunday.

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Busted! Melbourne International Film Festival Director Subject to Urgent Interlocutory Injunction Over Moral Rights

On 6 August 2025, the Federal Court of Australia (the Court) ordered that Projector Films Pty Ltd and director David Ngo (the Respondents) be stopped from promoting, causing to promote or authorising the Melbourne International Film Festival (the MIFF) to show the documentary titled “Never Get Busted!” unless the Applicant Stephen McCallum was attributed as “Principal Director.”

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New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information

The recent decision of New Aim Pty Ltd v Leung (No 4) is a timely reminder of how confidential information needs to be treated and restricted by businesses to allow it to be protected under law.

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Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

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