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Updates, Resources & Opinions - Page 3 of 6 - Buchanan
Repeal of IP exemption under competition laws
27 Mar '19

An important intellectual property exemption has been removed from the Competition and Consumer Act 2010 (Cth) (CCA). The change, which will come into effect later this year, is a catalyst for businesses to urgently review existing IP related contracts to ensure their ongoing compliance with the competition provisions in the CCA. Operation and repeal of

Is your claim of trade mark infringement justified? If not, you could now be liable for additional damages
27 Mar '19

Trade Mark owners must take care before making allegations of infringement or otherwise threatening legal proceedings against a competitor’s use of a trade mark. The Trade Marks Act 1995 (Cth) (the Act) has always included a prohibition against the making of unjustified threats of infringement proceedings. However, the issue has now become a little more

Thinking about selling or purchasing a business? Differences between a sale of shares vs a sale of assets

When considering a transaction for the sale and purchase of a business (whether you are the seller or the buyer), it is essential to think about how to structure the sale to meet your needs. In this article we briefly discuss the differences between a sale of shares vs a sale of assets, while outlining

McDonald’s loses its BIG MAC trade mark in Europe … for now
17 Jan '19

A recent trade mark case involving McDonald’s and its famous BIG MAC trade mark has captured global attention. It involves a sensational headline of a global corporation losing rights in the EU to arguably its most iconic brand. However, the EU IPO’s decision makes good sense. This is actually a case about how poor management of a trade

Running, Brands and Trust
03 Jan '19

My favourite Nike Pegasus running shoes sit at the intersection of my worlds as an avid distance runner and trade mark lawyer. I hugely respect the Nike brand and its epitomisation of the running spirit. For the running community, Nike and its iconic swoosh encapsulate certain standards and values. For me, Nike is a brand