October 21, 2016 8:48 AM | Posted by Veronica Scott, Susan Walsh, Nicole Franklin | Permalink
Australia finally looks set to have a new national mandatory notification laws for data breaches. read more
September 16, 2016 11:11 AM | Posted by Nadia Braad and Michael Swann | Permalink
On 4 September 2016 the Carlton Football Club released a media statement declaring that it would be investigating an incident with a view to lodging a police report over the theft of its intellectual property. read more
September 6, 2016 5:02 PM | Posted by Caitlin Murray and Hannah McLeod | Permalink
When negotiating a settlement agreement keep in mind the general principles of contract formation. It is essential to ensure that your client's intention concerning when, and under what circumstances, it has agreed to be bound, is clearly communicated to the other party. In particular, if you intend that the terms of the settlement to be conditional upon execution of a formal document you should make this clear in your correspondence.
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September 1, 2016 9:36 AM | Posted by Timothy Gorton | Permalink
In August last year, this blog discussed the Queensland Supreme Court decision of Coles v Dormer.  That case involved copyright infringement of house plans and the building of a copycat house in a Cairns suburb.  To remedy the infringement, the Court had awarded an injunction requiring remedial works to the front of the house. read more
August 26, 2016 9:50 AM | Posted by Veronica Scott | Permalink
The OAIC this week issued its 40 page joint report with its Canadian counterpart of their joint investigation into the data security practices of Ashley Madison adult dating website operator Avid Life Media. The website suffered a large scale breach affecting individual users in multiple countries. read more
August 11, 2016 2:13 PM | Posted by Paul Kallenbach and James Patto | Permalink
Earlier this year, we released our inaugural cyber survey report, Perspectives on Cyber Risk, intended to provide insight into Australian organisations' cyber risk posture and cyber resilience capability. read more
July 19, 2016 3:27 PM | Posted by Brad Woods | Permalink
On 28 June 2016, the Full Court of the Federal Court of Australia handed down a landmark judgment, revealing trade mark owners risk forfeiting their registered trade marks if they fail to exercise actual control over the use of those marks by licensees. read more
July 19, 2016 11:37 AM | Posted by Rebecca Dutkowski | Permalink
A recent decision of the Full Federal Court has overturned an earlier Federal Court decision that controversially held an omnibus claim to be broader than the examples and drawings disclosed in a patent specification. The Full Federal Court found that a feature made essential by the specification could not be made inessential by the word "substantially" in the common omnibus claim wording: "substantially as described with reference to the drawings and/or examples". read more
July 11, 2016 4:45 PM | Posted by Nicole Reid and Louisa Ashton | Permalink

In 2015, according to Sensis, 56% of large and 31% of small-to-medium sized Australian businesses had a social media presence of some kind. Of these, more than half reported measuring the success of their social media investment by their numbers of 'likes', followers and subscribers.

But how do businesses go about getting 'likes' – and does the law ever become involved with regulating this?

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July 8, 2016 9:59 AM | Posted by Rebecca Dutkowski | Permalink
In a recent example of what can happen when a company is able to obtain a trade mark for a commonly used word, in the United States, Citigroup is suing phone provider AT&T in relation to its newly launched rewards program 'AT&T THANKS', for alleged infringement of Citigroup's trade mark rights (among other stated rights) in the word THANK YOU. read more