News
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 – Winners of the MYOB FCA Supplier of the Year Award
MST Lawyers was honoured and delighted to receive this year’s Supplier of the Year Award at the MYOB FCA Excellence in Franchising Awards on 10 October 2017. The Award recognises supplier excellence in contributing to the franchising sector and helping franchising clients achieve their goals.
Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 commences operation
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) received royal assent on 14 September 2017. This means that the following changes to the Fair Work Act 2009 commenced from 15 September 2017: New and increased penalties for serious contraventions of workplace laws and record keeping obligations; New prohibitions against requiring an employee to…
Trade Mark Infringement – If It Is Invisible, Is It An Infringement?
A recent decision by the Full Federal Court has widened the scope of what may constitute trade mark infringement and has practically changed the approach to the use of trade marks online. The case found that seemingly invisible meta tags, used to direct the user’s experience online, can constitute trade mark infringement.
This article explains the significant findings of the decision pertaining to meta tag use and suggests practical tips for protecting your trade mark(s) in light of this case.