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15/09/16
Attention Managers and Agents: Are you now a performer representative?
We’ve previously introduced you to some of the major changes implemented in the new Entertainment Industry Act that came into effect in March 2014. If you used to call yourself an agent or manager, you can substitute your title for ‘performer representative’. Sounds a lot more official, don’t you think? So what you want to...
12/09/16
The Entertainment Industry Act – what does it all mean?
Are you an agent, manager or performer? Do you know what your rights and obligations are within the entertainment industry? If you are, you’re in luck. Over the next few weeks Digby Law will be looking at the Entertainment Industry Act 2013 to help unlock the mysteries of this legislation. Back in March 2014 new...
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08/09/16
The sting in the tail: New Zealanders push to trade mark “Manuka” in relation to honey products
A rift has emerged between the Australian and New Zealand honey industries, resulting from a trade mark application lodged by New Zealand producers to trade mark the term ‘Manuka’, as a way of gaining exclusive rights over the word. Manuka honey is produced solely from the Leptospermum scoparium plant, which in turn is...
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01/09/16
ASB considers William Hill advertisement for breach of the AANA Wagering Code
Wagering and sportsbetting is a large industry in Australia; however, irresponsible gambling can have damaging effects. As such, the Australian Association of National Advertisers (‘AANA’) has implemented the AANA Wagering Advertising & Marketing Communication Code (‘the Code’) to ensure that advertisers and marketers uphold a “high sense of social responsibility” when advertising wagering products and...
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31/08/16
Things are about to get UGG-ly: Australian Manufacturer Takes on US Giant in Bid to Invalidate 1985 Trade Mark Registration
While many would consider “Ugg” to be a generic Australian name for a certain form of footwear, it was in fact registered as a trade mark in the US back in 1985 by Australian entrepreneur Brian Smith. The mark was subsequently sold to US footwear company Deckers, who have aggressively enforced the exclusive trade mark...
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29/08/16
Qantas Grounded: Federal Court Rejects Airline’s Action to Oppose Kangaroo T-shirt Logo
A recent Federal Court decision has given some clarity to how two key grounds of opposition to trade mark registration – the “prior mark” and “prior reputation” grounds – will be interpreted. Back in 2010, Qantas opposed the registration by Edwards, an online apparel and electronics retailer. Edwards had filed a trade mark application for...
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25/08/16
Dick Smith’s “Ozemite” trade mark win redefined what it means to “use” a trade mark!
On 12 August 2016, the Federal Court handed down its decision in the long running battle between Dick Smith and Roger Ramsey over the registration as trade marks of the homophones (or sound-alikes)- OZEMITE and AUSSE MITE. Dick Smith, renowned Australian businessman and philanthropist, applied to register “OZEMITE” as a trade mark on 28 October...
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