Category:
Branding, Trade Marks, Designs & Patents

Start Me Up

We may be lawyers, but we understand that reviewing legal documents can be painful, and is often the last concern of budding entrepreneurs who just want to get their product to market. But in addition to passion, drive, talent and a great idea, any successful start up must be built on a solid legal foundation....
I Can Haz Memes in Advertising?
It’s safe to say that today, one does not simply read a funny meme and not share it with friends. The best memes are shared hundreds of thousands of times, and have become a popular marketing tool for brands. For example, Virgin used ‘Success Kid’ in a marketing campaign in the UK and everyone’s favourite...
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A Trade Mark Storm is Brewing in Melbourne
In a noble move to enrich Australia’s cultural and historical legacy, boutique brewer Thunder Road Brewing is looking to revive many of Australia’s heritage beer brands, including Brisbane Bitter, Cairns Draught and Ballarat Bitter. However, their plans have gone slightly a-rye, as Carlton United Breweries (CUB) currently holds trade mark rights in the historic labels....
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A Chilly Trade Mark Dispute in Our Backyard
Sydney’s favourite gelato shop, Gelato Messina, recently found itself in a sticky and not-so-sweet trade mark dispute.  Last week Gelato Messina created the ‘Gaytime’ flavour as a tribute to both the Sydney Gay and Lesbian Mardi Gras and everybody’s favourite childhood ice-cream (in case you were hungry wondering, the flavour consisted of layers of caramel...
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Swimwear designer in hot water for slagging off Seafolly on social media
In the recent case of Seafolly Pty Ltd v Madden [2012] FCA 1346 (29 November 2012), the Federal Court found Leah Madden, principal designer of Australian swimwear label White Sands, liable for misleading and deceptive conduct and false representations under sections 52 and 53(a) of the Trade Practices Act 1974 (now sections 18 and 29...
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Lecture Title Falls Short
They were short, stout and furry-toed, and their bones were discovered on the Indonesian island of Flores in 2003. Their full name is Homo floresiensis, or Flores Man, but you might know them better as hobbits. However, with the new film ‘The Hobbit’ now hitting cinemas, a recent incident in New Zealand has provided a...
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Sweating over the legal side effects of Olympics fever
With the London 2012 Olympic Games just over two months away it’s likely that Olympics fever will soon take hold across Australia. If you or your client catches a bout you should consider the legal risks of associating a brand with the Olympics where the brand is not an official sponsor or licensee, particularly given...
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