Margaret’s Blog

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 ...
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26/06/2019

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 ...
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21/05/2019

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 in ...
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15/03/2019

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 ...
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23/12/2018

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 ...
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05/12/2018

Substantially identical trade marks

The November 2018 edition of Law Institute Journal has published my article on substantially identical trade marks. This can be ...
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30/11/2018

New penalties for misrepresentations

There has been a recent change in the law regarding penalties for making false or misleading statements about goods and ...
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19/11/2018

All information on this site is of a general nature only and is not legal advice. Please consult a lawyer for specific advice on your particular circumstances.