Blog.

Blog

To bee or not to bee: Is the 'Manuka Honey' dispute coming to an end?

Key takeaways In 2017, the UK Intellectual Property Office decided in favour of the New Zealand ‘Manuka Honey Appellation Society’ (MHAS), agreeing to place a certification mark on tubs of Manuka Honey originating from New Zealand. In 2021, in Australia, the MHAS opposed the registration of the term ‘Australian Manuka’. The Registrar’s delegate did not agree with the opposition. Similarly,…

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Look before you leap – understanding restraints of trade

Restraint of trade clauses are commonly found in employment agreements and business sale agreements. If properly drafted, the geographical and time-based restraints will be cascaded, starting at a more restrictive level and cascading down gradually to become less restrictive.

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Baseless claims: Ed Sheeran wins 'Shape of You' copyright case

Most of you will have heard Ed Sheeran's blockbuster song 'Shape of You', the most streamed song in Spotify's history with over 3 billion streams. You may also have heard about the copyright case in which Sheeran and his co-writers were accused of plagiarising the 2015 song 'Oh Why' by Sami Chokri...

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Garden leave: it’s not a walk in the park

Garden leave may sound relaxing, but the circumstances which call for it are most certainly not. Garden leave typically occurs: when an employee is directed by an employer to take paid leave or to undertake special duties; or during the notice period following termination or resignation. Employees are...

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SMS: Scam Message Service?

Have you recently received a text that didn’t seem right? Maybe it looked like one of these: 'Your package is on its way: get it as soon as possible! Click this link!' 'Hello, I've seen this video of you on the internet! Click here to see!' 'Hi, do you need a part time job? Click this link!' If that's a yes...

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Key ACCC priorities for 2022

In early March 2022, Rod Sims handed down the ACCC's 2022/2023 Compliance and Enforcement Priorities. Some issues and industries of concern include manipulative digital advertising techniques, exclusive arrangements that impact competition and false 'green' credentials.

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Katie v Katy: a 'Perry'lous dispute

An ongoing legal dispute between clothing designer, Katie Jane Taylor and American singer-songwriter, Katy Perry, continues to make headlines. Taylor, owner of the registered trade mark 'Katie Perry', claims that Katy Perry's use of the mark 'Katy Perry' for her products is deceptively similar. In response to Taylor's claim, Katy Perry...

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A hefty price for a Google Ad

When seeking out answers, we all reach for Google, the most commonly used platform for information searches. Often, we assume that our search results are accurate. Accuracy is very important when businesses market their products and services on the internet. It is for this reason that they should ensure they do not...

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Revised (but not revolutionised) trade promotion laws

The Lotteries Act 2019 (SA), together with the new Lotteries Regulations 2021 (SA) (Lotteries Regulations), take effect on 10 December 2021. The Lotteries Regulations are intended to bring clarity to, and simplify some elements of, the trade promotions framework and requirements.

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Appraising a data breach

There is a proliferation of ransomware attacks, with reports of a 200% increase in attacks against Australian organisations in recent months. On a global scale, the average cost of cybercrime continues to rise, according to the latest ‘Cost of a Data Breach Report 2021’ by IBM and the Ponemon Institute...

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