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Get the scoop – ACCC launches action against Peters Ice Cream
 764 509 Emma Macfarlane
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In what is shaping up to be an icy affair, the Australian Competition and Consumer Commission (‘ACCC’) has commenced proceedings in the Federal Court against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (‘Peters’), alleging it froze out its competitors. Over a cool five years, from November 2014 through to December 2019, the…

LEGO copycat penalised in Chinese Court
 1013 675 Emma Macfarlane
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If you’re manufacturing or distributing products in China, you should be aware of the copyright laws in place. Businesses who register copyright in China are provided with a Government issued document documenting their ownership. Whilst registration is voluntary, it can assist greatly to enforce rights in the event of infringement.

What happens when a brand name becomes part of everyday language?
 1013 675 Emma Macfarlane
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When brand names replace or become synonymous with particular products, irrespective of the what name is on the product, the brand essentially becomes a victim of its own success. Here’s some tips to avoid falling victim to ‘brand genericide’.

Small businesses experiencing financial distress thrown a lifeline with insolvency reforms
 1013 675 Emma Macfarlane
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Reforms coming 1 January 2021, subject to passing of legislation, will enable businesses experiencing financial difficulties to the point of insolvency greater efficiencies in restructuring or winding up their operations, including paying employers and creditors.

Changes to the definition of ‘consumer’ under Australian Consumer Law are coming
 1013 675 Emma Macfarlane
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From 1 July 2021, the definition of ‘consumer’ under Australian Consumer Law will change with the monetary threshold increasing from $40,000 to $100,000.

Court forces Google to reveal identity of anonymous reviewer
 1013 675 Emma Macfarlane
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Anonymous reviewers should beware of potential defamation action following a Federal Court decision that ordered Google to reveal a reviewer’s identity.

Extension of insolvency safeguards for businesses
 1013 675 Emma Macfarlane
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The Federal Government has announced that temporary insolvency and bankruptcy protections have now been extended to 31 December 2020.

Can an emoji be defamatory? Emoji users, consider yourself warned.
 1013 675 Emma Macfarlane
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NSW District Court Judge rules that an emoji can amount to a defamatory publication. The decision is a reminder to think twice before posting online.

Will Hungry Jacks get flame-grilled in trade mark bun fight?
 1013 675 Emma Macfarlane
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McDonald’s has taken beef with the ‘Big Jack’ trade mark, alleging it infringes on multiple trade marks it holds for its well-established ‘Big Mac’ burger.
The lesson to be learned from this IP stoush – proactive brand protection is commercially invaluable.

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