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  NSWDC 710. This decision concerned a franchisee that had entered into two agreements with the franchisor for repayment of his franchise fee…
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.
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.
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.