Publications

The question to be asked in order to test whether a word is adapted to distinguish one trader’s goods from the goods of all others is...

These cases concern the use by the State of Victoria of Victorian Code of Practice for the Building and Construction Industry and the Implementation Guidelines to the Code

Pino Fiorentino, whose registration as a liquidator was cancelled by the Companies Auditors and Liquidators Disciplinary Board will be fighting the decision in the AAT

The Supreme Court has reaffirmed the principle in Re: Withers, that in restrictive covenant cases, defendants are ordinarily entitled to their standard costs

The Federal Court has, for the first time, awarded additional damages for trade marks infringement

The case was brought by the ACCC against the company and its director for allegedly misleading or deceptive conduct in relation to fees charged for damaged vehicles

The Federal Court has found that YELLOW (the word, not the colour) is not inherently adapted to distinguish for the purposes of s 41 of the Trade Marks Act 1995 (Cth)

In Freilich v Wharton, Justice Bell appeared to close the door on applications to modify covenants. Associate Justice Derham has pushed back slightly in Wong v McConville & Ors