The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Borik v Owners Corporation RP001439 (Owners Corporation)  VCAT 1459 is an excellent reminder of the challenges that co-owners can face when dealing with each other in relation to their common property. In his reasoning, Member Ussher provides useful insight into how the Tribunal will approach breaches of the model rules in the context of a ‘dysfunctional’ owners corporation.
The Federal Court has ordered that two “Community Bank” trade marks of Bendigo and Adelaide Bank be removed from the register due to a lack of distinctiveness and a lack of evidence of use prior to filing almost 20 years ago. This case highlights that even long registered trade marks consisting of common terms may be at risk if they were not sufficiently distinguishable from the goods and services of other traders at the time they were filed.
Working for real estate agents, it is easy, and some might say very common to become accustomed to looking at the issues facing the industry through the eyes of agents. A good lawyer goes out of their way to understand the fundamental principles and issues facing the industry at any given time so they can provide the best possible advice.