The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission (ASIC) provides protections to consumers and small businesses against unfair contract terms (UCT Regime). In November last year, there were significant changes to the UCT Regime, so…what have we learnt?
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In the past, it has been challenging to register shapes as trademarks. However, some recent cases have shown that a product's appearance can be eligible for trademark registration. In this 3 part series, we discuss the shifting landscape of shape trade marks, and the implications for perfume makers.
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In the world of fashion, cosmetics, and consumer goods, ‘dupes’ have become increasingly popular. While cheaper alternatives to high end products is nothing new, the term ‘dupe’ has entered common parlance in recent years. The popularity and perception of dupes has evolved with increasing cost of living pressures and a generational shift in consumption of goods and media normalised by Gen Z.
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Social media influencers have transformed the way brands engage with consumers. As we discussed previously, this influence has created legal responsibilities that brands must understand and navigate when engaging influencers. For brands using influencers, well-documented influencer agreements are essential.
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In 2023, businesses paid almost $10 million in penalties for breaching the Spam Act 2003 (Cth) (Spam Act). This involved breaches by household names including Kmart, Ticketek, DoorDash and the Commonwealth Bank of Australia. This was a significant increase in penalties from previous years, showing that consumers are fed up with receiving spam messages and the Australian Communications and Media Authority (ACMA) is as vigilant as ever.
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Apple stores are more than just places to buy iPhones and MacBooks – they are experiences. We have all been to an Apple store and seen the distinct look and feel. From the sleek wooden tables to the iconic glass staircases. The layout is clean, minimalist and designed to showcase the products in the best possible way. But can the Apple store retail layout be trademarked?
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In recent years, social media influencers have transformed the way brands engage with consumers. Influencers carry significant power in shaping trends, opinions and purchasing decisions of consumers. However, this newfound influence has also brought about a set of legal responsibilities that brands engaging influencers must understand and navigate.
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In the vast expanse of the internet, domain names are like digital storefronts, essential for businesses and individuals to stake their claim online. However, amidst the plethora of legitimate domain registrations, a darker practice known as cybersquatting lurks. This phenomenon occurs when individuals register domain names in bad faith, aiming to profit from the reputation of established trade marks or businesses.
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Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime). The Unfair Contract Terms Regime applies to consumer contracts and small business contracts that are considered standard form contracts.
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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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