Zombie mark has no bite

Zombie marks may not be as ‘alive’ as previously thought. Partner Michael Owens and Associate Celeste Bennett point out how a 2017 trade mark decision may prevent a zombie trade mark apocalypse.   Zombie marks aren’t the bites from monsters you see in the likes of Resident Evil and The Walking Dead. In the legal […]

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Copyright Modernisation Consultation Paper

The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]

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A “Sandwich” Short of a Picnic

The Trade Marks Office’s recent decision to register the sandwich inventor’s name as a trade mark has given rise to the age old question of whether “a rose by any other name would smell as sweet”… or in this case a sandwich. The Applicant, who runs an independent café in [southern] NSW, sought registration of […]

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