Margaret's Blog - IP by Margaret®

Comparative advertising – the risks

Comparative advertising is a form of advertising where a supplier compares its product favourably against the product of a competitor.  ...

Are initial letters a good trade mark?

It is quite common today for businesses to abbreviate their name to its initial letters.  However, from a trade marks ...

An oral agreement – is it worth the paper it isn’t written on? Commissioning copyright works.

 SummaryBinding legal agreements can be solely verbal or a combination of conversations and writing, such as emails.But, if the parties ...

Searches a must before using a new trade mark

What you need to doIn the excitement of starting a new business, or launching a new product, you may overlook ...

$3 million penalty for Google ad campaign

In 2021 the Federal Court found that Employsure, in its Google ads, misrepresented that it had associations with various Government ...

I own my business/domain/social media name – don’t I?

It depends on what you mean by "own" - but if you mean that you have exclusive rights to the ...

Use unlicensed software at your peril

Nowadays a business could not operate without software – accounting, CRM, project management, communications software etc.  But what happens if ...

The problem for users of Google’s dynamic keyword insertion

Is it a good idea to use someone else’s name as a Google keyword and Google headline? The Full Court ...

Using a company’s logo to criticise the company

AGL v GreenpeaceAGL, an Australian energy company, used the logo:AGL claimed ownership of the copyright in this logo as well ...

Fearless Girl meets Australian Intellectual Property Law

Fearless Girl is the name of a bronze statue of a strong and confident girl created by Kristen Visbal and ...

NSW disclosure requirements apply to suppliers outside NSW

Suppliers outside New South WalesNew South Wales has introduced a new law that requires suppliers, before they supply goods or ...

Is copying another’s product legal?

This question was answered “no” in the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA ...

Three Myths about Commercial Agreements

Having practised for 30 years, I know that there are certain misconceptions about drafting commercial agreements:All that a lawyer does ...

Important changes to labelling of hand sanitiser

Since the start of the COVID-19 pandemic many companies have been making hand sanitiser. But issues have arisen about their ...

High penalties for misrepresentations

Penalties for making false or misleading statements about goods and services can be substantial.  Maximum penalties have dramatically increased from ...

Is a descriptive trade mark the best mark for your business?

Businesses often choose a trade mark that exactly describes their business or product eg Smith & Co Plumbing, being the ...

The Curious Case of Pinnacle and the Bikinis – Part 3 – Costs

Intellectual property ownershipIntellectual property is designed to provide a business with a commercial advantage.  It builds a wall of exclusivity ...

Appeal court flushes away ACCC claims on flushable wipes

The Full Court of the Federal Court has rejected the appeal by the Australian Competition and Consumer Commission (“ACCC”) in ...

The Internet is not the Wild West – (although it can seem to be)

Some people seem to think that no laws apply to the Internet – or that anything that appears on the ...

The Curious Case of Pinnacle and the Bikinis – Part 2

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) is a curious case in more ways ...

The Curious Case of Pinnacle and the Bikinis

FactsThe case of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) considered whether Pinnacle’s trade ...

I paid for it – why don’t I own it? – the copyright trap

If your business commissions a graphic artist to create a logo and brand collateral for the business, who owns the ...

Unity of purpose – new test for control of trade mark use

The Full Court of the Federal Court has overturned a finding that a trade mark owner did not control the ...

Do you give warranties against defects about your services?

  Do you say eg “All repairs are guaranteed for 12 months”?  If so, are you ready for the change ...

Is copying another’s product legal?

This question was answered “no” in the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA ...

Is a descriptive trade mark the best for your business?

Businesses often choose a trade mark that exactly describes their business or product eg Smith & Co Plumbing, being the ...

High penalties for misrepresentations

Penalties for making false or misleading statements about goods and services can be substantial.  Maximum penalties have dramatically increased from ...