No Representations as to Capacity Implied Into Contractual Terms

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal, MST Lawyers This month’s article reports on the New South Wales District Court decision in Lee v Passiontree Velvet Pty Ltd & Ors [2019] NSWDC 710. This decision concerned a franchisee that had entered into two agreements with the franchisor for repayment of his franchise fee…

Don’t Bank Your Reputation On Generic Terms: “COMMUNITY BANK” Removed From Trade Mark Register

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.

MST Lawyers Recognised In 2019 Who’s Who Legal

The international publication Who’s Who Legal, through independent research and peer review, has recognised MST Lawyers and four of its lawyers as the stand out firm in Australia in franchising law.

Furniture Retailers Pay Penalties For False Or Misleading “Was/Now” Price Comparisons

As Christmas sales get into full swing, retailers must ensure that in-store and advertised price comparisons are not misleading or deceptive. Four furniture retailers recently paid the price for getting it wrong.