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David Stewart
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Sabacc Strikes Back: Disney’s Latest Star Wars Dispute
US entertainment monolith Disney is once again flexing its legal muscle in order to protect its evergreen Star Wars brand. This time, the dispute is over a concept that was introduced within the story of its Star Wars movies, called “Sabacc”. This obscure S...
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The rise of programmers’ colophons – an intuitive moral rights assertion
It seems to be a contemporary trend of website and software developers to include words such as “Powered by…” on the landing page of a website. Many websites go further, and might provide a very detailed list of the website designer, website maintenance tea...
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“Made in…?”: Country of Origin Labelling Reforms in Australia
Recent changes to the Australian  Country of Origin Food Labelling Information Standard  2016 (“CoOL”) was no doubt influenced by the notorious frozen berry scare in in Australia 2015, which allegedly linked a hepatitis A outbreak to imported frozen berries...
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Like a Boss: Crossfit Inc v Bossfit Pty Ltd [2017] ATMO 74 (24 July 2017)
CrossFit, an entirely too vigorous regime of exercise as far as we are concerned, is an international fitness business with many adherents across the world and in Australia. As the evidence in this matter noted, “[The Opponent] licences the CrossFit mark to...
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Limitations on the Prior Use Defence: Cabcharge Australia Limited v E2 Interactive [2017] ATMO 76 (28 July 2017)
On 30 August 2011, e2Interactive Inc. (the Applicant) filed a trade mark registration application for the following logo  (the Trade Mark), covering a wide variety of products and services under classes 9, 35, 36, 38, 40, and 41, but mostly in relation to c...
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KELLOGGS SUES AUSTRALIAN TENNIS PLAYER OVER “SPECIAL K”
On 9 May 2017, American cereal manufacturer Kellogg Company commenced proceedings against a company owned by Australian professional tennis player Thanasi Kokkinakis, apparently in respect of Mr Kokkinakis’ use of the brand “Special K”. It seems that Mr Kok...
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THE WTO’S “DECISION” ON PLAIN PACKAGING FOR CIGARETTES: WILL ALCOHOL BE NEXT?
Pursuant to the   Tobacco Plain Packaging Act   2011 (“the Act”), tobacco companies in Australia are required by law to sell their products using a generic drab dark brown packaging that features large, aesthetically-confrontational health warnings. The int...
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Whatever happened to software source code agreements?
Back in the early 2000s, when instructed to draft agreements relating to the deployment of software, technology lawyers tended to deliver a cache of three documents: a software license agreement, a software maintenance agreement, and a software source code ...
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THE GREEN-MUNDINE LIVE-STREAM COPYRIGHT DEBATE
On 3 February 2017, two well-known boxers, Danny Green and Anthony Mundine, had their second and, most likely, final grudge match. Television broadcaster Foxtel touted the fight to subscribers, charging $59.95 to watch the match through Foxtel’s subscriptio...
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The DCNS submarine data leak - how trade secrets management protocols failed
Classified information and ship design trade secrets are almost always very tightly controlled by data rights management protocols. These protocols have failed DCNS, a French shipbuilder. A leak of 22400 pages submarine plans detailing the secret combat cap...
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