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Intellectual Property

Not lovin’ it: McDonald’s sues Hungry Jack’s over ‘Big Jack’ trade mark

On 28 August, global fast food giant McDonald’s Asia Pacific LLC (McDonald’s) launched Federal Court proceedings against long-time rival Hungry Jack’s Pty Ltd (Hungry Jack’s), alleging Hungry Jack’s has infringed its famous “Big Mac” trade mark with its lookalike burger, “Big Jack”. Since 1973, McDonald’s has sold its “Big Mac” burgers across Australia and has … Read More

Smart Trade Mark: A New Era in Consumer Confidence?

As online retail becomes more and more prevalent, the costs to Australian businesses due to counterfeit products are increasing. It is therefore vital that consumers can identify genuine retailers from counterfeiters. IP Australia has introduced and is currently testing a new pilot program entitled Smart Trade Mark™ to assist consumers in verifying the genuine use … Read More

The absence of the Aboriginal Flag from the AFL’s Indigenous Round highlights Clothing The Gap’s continuing fight to #FreeTheFlag

Last weekend, the Aboriginal Flag was absent from the AFL’s Indigenous Round for the first time in fourteen years. The Indigenous Round highlighted that the Australian Aboriginal Flag is still marred in copyright and licensing controversies. While many Aboriginal persons, Aboriginal-owned businesses, organisations acknowledging and supporting Aboriginal culture and history, as well as many members … Read More

Three reasons why you should file your trade mark in Australia

  1. Australia has a sizeable revenue stream and a steady economy. The Australian economy has grown at a healthy pace for nearly three decades.[1] In 2021, Australia was ranked the 2nd wealthiest nation in terms of median wealth per adult head.[2] Despite Australia comprising only 0.3% of the world’s population, its economy was expected … Read More

Pew Pew Pew: U.S. Space Force Losing a Trade Mark Battle with a TV Show

According to The Hollywood Reporter, the newly founded military brand – the U.S. Space Force – is losing a trade mark battle with streaming giant Netflix for its new comedy show of the same name. Netflix has reportedly already secured the trade mark rights to “Space Force” in Europe, Australia, Mexico and elsewhere. Like Australia, … Read More

A Nutty Trade Mark Dispute: Kraft v Bega

The Full Court of the Federal Court of Australia unanimously dismissed Kraft Foods Group Brands LLC’s (Kraft) appeal of a decision entitling Bega Cheese Limited (Bega) to exclusive use of the distinctive trade dress or ‘get up’, consisting of ‘a jar with yellow lid, yellow label, blue or red peanut device (logo) and having a … Read More

Victoria Beckham is in a “VB” Trade Mark Dispute in Australia

Former Spice Girl and fashion designer Victoria Beckham recently appealed IP Australia’s decision to register two trade marks featuring the initials “VB” for use on cosmetics by a Sydney-based skincare company VB Skinlab Pty Ltd. Beckham contends that the trade marks “would be likely to deceive or cause confusion” in Australia because her fashion and … Read More

Can you profit from the results of a successful trial of your invention?

Secret use – can you profit while developing your invention?

So, you’ve concocted an invention that you’re thinking of patenting, what next? Keeping your invention secret is an important start, since any public disclosure may invalidate your later patent application. But what can you do while your invention remains secret? Can you conduct experiments? Can you make money? Can you make money while conducting experiments? … Read More

The patented technology behind the Face ID feature of the new Apple iPhone X

The iPhone X has now been announced by Apple, Inc. (‘Apple’) with expected fanfare. Most consumers will be interested in the new OLED screen and the elimination of the home button in the new iPhone X, but there is also an important new security feature in the new iPhone called ‘Face ID’. ‘Face ID’ is … Read More

FAL Partner wins ILO Health & Life Sciences Award for the Third Consecutive Year!

For the third consecutive year, we are delighted to announce that Francis Abourizk Lightowlers (FAL Lawyers) founding partner, Jenni Lightowlers, has been recognised for Excellence in Client Service in the Health and Life Sciences category at the 2017 International Law Office (ILO) and Lexology Client Choice Awards. She is once again the only lawyer in … Read More

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