July 2016

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?

read more
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