Intellectual property.

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Employer out of pocket despite damages for IP breach

An employer has been awarded damages after a former employee copied confidential files and worked for a competitor while on gardening leave, but is nearly $80k out of pocket after failing to recover all of its costs...

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How geese have changed trade mark law

The Federal Court handed down a landmark decision in the trade mark dispute between the Wild Geese and Wild Turkey alcohol brands[1]. In doing so, it has change...

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Chocolate is the answer – what’s the question?

Confectionery companies and chocolatier giants, Mars and Mondelez International, have been battling over the use of a lower case ‘m’ on Mars’ packaging of...

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Architectural plans – copyright or wrong?

Property developers, architects and builders should be aware that using a third party’s plans may result in copyright infringement. In a recent decision in...

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Blue skies or storm ahead?

A recent EU case highlights the importance of trade mark clearance searches and brand strategy from an early stage. Of notable interest is the fact that this st...

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Target v TAR JAY: Parody or rip-off?

Australians have a penchant for jocular nicknames. And we’re not just talking on the footy field. Aussie jargon even stretches to the corporate space. Take th...

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Deja brew?

We recently commented on Cantarella’s ground breaking High Court decision in relation to the use of the word ‘ORO’ (meaning ‘gold’ in Italian and Span...

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The star’s the limit – molto bene

Who would have thought a spat between two Australian coffee sellers - Cantarella and Modena – would create such a stir? Not a mere battle between baristas, bu...

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Fluid trade marking

People typically think of trade marks as being static 2 dimensional brands with which consumers develop a familiarity over time. Enter contemporary marketeers a...

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Copyright: gloves off in journalism row

Australia’s largest newspaper group, News Corporation, and its new local online competitor, Daily Mail Australia are involved in an increasingly bitter row. T...

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