06 December 2022
Red card or fair play? Ambush marketing back in the news as FIFA World Cup kicks off
Ambush marketing can be an impactful, but legally risky, advertising strategy. Businesses that are the subject of, or otherwise engaging in, ambush marketing should consider potential infringement of the target brand’s intellectual property rights.
09 September 2022
Henkel washes away Reckitt Benckiser trade marks and interim injunction in dishwasher product stoush
The Federal Court has recently published its decision following the first instance trial on the merits in the ongoing stoush between Reckitt Benckiser ( RB ) (manufacturer of FINISH dishwasher products) and Henkel (manufacturer of SOMAT dishwasher products).
30 January 2020
Brexit & IP – status quo for the transition period; changes to come post-transition
From 23.00 on 31 January 2020, the UK will no longer a member state of the EU, although it will be treated as such for the duration of the transition period. From an IP point of view, the status quo will be maintained during the transition period (currently until the end of December 2020). Here we...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
04 April 2019
Regulating the barrel to stop the bad apples
Franchisors and investors in them are the subject of criticism in the latest Australian Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising’ report, and should expect some serious changes to the Australian Franchising Code of Conduct.
06 December 2018
Cadbury's colour purple trade mark can't be split
Clarity and precision in a trade mark description are the winners in the Court of Appeal Cadbury's attempt to argue its trade mark registration for the colour purple was actually a series mark which could be split and partially maintained was rejected yesterday by the Court of Appeal. Although...
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
13 June 2018
UKSC judgment in Cartier – who pays for website blocking orders?
In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another  UKSC 28 . Whilst the UKSC has endorsed the...
08 September 2017
“Like brands. Only cheaper” – Aldi gets up on copying but falls on natural claim
On Tuesday this week the Federal Court of Australia ( Court ) published its judgment in the long running battle between Moroccanoil Israel Ltd and Aldi Foods: Moroccanoil Israel Ltd v Aldi Foods Pty Ltd  FCA 823 . Aldi’s conduct was found to be misleading and deceptive in relation to claims...
25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...
23 January 2023
How hard is it? The Takeover’s Panel consults on guidance for exclusivity granted at the non-binding bid stage
Following two Takeovers Panel decisions that found pre-deal exclusivity and other deal protection arrangements to be unacceptable, the Takeovers Panel has now commenced consultation on proposed new guidance on deal protection granted in respect of non-binding proposals. Most importantly, the...
19 January 2023
Register of overseas entities - the countdown is on
The countdown for overseas owners of property in the UK to comply with the tightened register regime following the government's clampdown on economic crime is nearing its conclusion, with less than two weeks to go until the deadline for the submission of applications to Companies House (31 January...