The High Court’s February 2021 decision in Benbrika considered whether the conferral of power on a Supreme Court to make a continuing detention order under the Criminal Code (Cth) was contrary to Chapter III of the Commonwealth Constitution.
The New South Wales Supreme Court has provided welcome guidance on the relevance of future events to the question of solvency. Specifically, the Court has provided a roadmap on the relevance of (i) future debts which the company may not be able to repay; and (ii) the ability of the company to compromise those debts.
Trade Marks and Australian Consumer Law – termination and breach of Trade Mark Licence Agreement (“TMLA”) – trade mark infringement – misleading or deceptive conduct – false representations – use of CALTEX and STARCARD
Trade Marks – Corner – condition or limitation imposed on registration
Patents – extension of term – which ARTG registration may be relied on
Patents – method of diagnosis – manner of manufacture – sufficiency – fair basis – infringement
Use of the phrases “Love where you live?” and “You love where you live” held not to constitute use of those phrases as a trade mark for the purposes of s 120.
Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction
Patents – transfer of proceedings to Federal Court – overlap in subject matter – risk of inconsistent findings
Patents – amendment to overcome manner of manufacture objection – whether possible to overcome s 102 – whether the principle of finality should prevent iterative amendment applications
Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)
Consumer Law – replica of “Fearless Girl” statute – discussion of “not insignificant number” criterion – copyright – whether copyright licence granted – inducing breach of contract by artist – limitations on artist’s rights – tort of passing off – trade mark infringement – whether ‘FEARLESS GIRL’ used as a mark.
Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.
Three world-class swimmers and the International Swimming League have commenced proceedings in California against FINA to prevent it from banning swimmers, who compete in “non-authorised” swimming events, from competing at the Olympics.