All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues affecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Knock, Knock. Who's there? - ACCC imposes infringement notices and accepts undertaking from door-to-door sales company in respect of misleading representations made during in-home presentations
17 October 2011
Author: Jamie Nettleton, Partner and Cate Sendall, Senior Associate
Practice area: Competition, Trade Practices & Regulatory
The ACCC has issued infringement notices usting its post January 2011 powers in the door-to-door sales industry sounding a warning for other door-to-door sales companies.
Slimming spray sales representations stopped overseas
17 October 2011
Author: Laura Hartley, Partner
Practice area: Competition, Trade Practices & Regulatory
The Australian Consumer Law operates overseas - the ACCC has reminded us that the Australian Consumer Law can extend overseas by preventing Australian Companies from engaging in misleading and deceptive conduct in its case against Sensaslim and its directors.
Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers only have themselves to blame
17 October 2011
Author: Justine Munsie, Partner
Practice area: Competition, Trade Practices & Regulatory
Sponsored links on Google: The ACCC won against the Trading Post but lost against Google in a case revolving around responsibility for sponsored links for the Trading Post displayed on Google's search engine.
Food Industry Beware - ACCC drawn to misleading and deceptive conduct like a bee to honey
17 October 2011
Author: Laura Hartley, Partner
Practice area: Competition, Trade Practices & Regulatory
Food Glorious Food - The ACCC has kept the food industry well within its sights in actions involving Aldi's Just Organic honey, meat allegedly from King Island and chickens which the ACCC alleges are packed into barns at the rate of 20 per square merer and yet are claimed to be "free to roam".
Online Trade Mark Infringement - International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 - Use of a trade mark - whether trade marks displayed on a UK website constitute use in Australia
4 October 2011
Author: Martin O'Connor, Partner and Cate Sendall, Senior Associate
Practice area: Intellectual Property & eCommerce
In International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (IHC Case), Justice Logan of the Federal Court held that the use of an Australian registered trade mark on the website www.affinage.com which was operated by a United Kingdom-based business, constituted use of the trade mark in Australia.
Gambling Law and Regulation - Recent developments in Australian gambling law - September 2011
30 September 2011
Author: Jamie Nettleton, Partner, Justine Munsie, Partner, Cate Sendall, Senior Associate and Richard Keegan, Senior Associate
Practice area: Gambling
In this edition: * High Court Appeals in Sportsbet and Betfair * Taxation Commissioner Ordered to Pay Multimillion Dollar Refunds to Australian Wagering Operator: Could You Benefit from the Federal Court Ruling Too? * Federal Court Rules in Favour of Betbox: The End of Retail Exclusivity? * DBCDE Reviews the IGA: Will the Federal Government Change the Law on Online Gaming? * NSW Law Reform Commission Proposes New Laws on Cheating in Sport * Copyright in Databases: Australia's High Court Refuses to Grant Telstra Special Leave. What does this Mean for Wagering Operators?
Going private: Government releases Invasion of Privacy Issues Paper.
27 September 2011
Author: Justine Munsie, Partner and Richard Keegan, Senior Associate
Practice area: Intellectual Property & eCommerce
On Friday, 23 September 2011 the Department of the Prime Minister and Cabinet (PMC) released an Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy (Issues Paper), inviting submissions to assist the Commonwealth Government for its pending consideration of whether a statutory cause of action, that is, a right to sue, for breach of privacy should be introduced in Australia.
Failure to Keep Adequate book and Records Renders Directors Liable for Compensation? - Bad Record Keeping Equals Big Claims Against Directors?
22 September 2011
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
It is very common for insolvent companies, in particular, to have deficient books and records. As a result of a recent Supreme Court of NSW case there is potential for companies to pursue directors for equitable compensation for the failure to keep proper books and records in accordance with the Corporations Act 2001. The floodgates may open!
.xxx Sunrise Period Begins: How to Prevent Others from Registering YourBrand.xxx
8 September 2011
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The "sunrise period", the first registration period of the .xxx domain name creation process, has begun.
English Court of Appeal the Sub Editor's Friend - A Finding in favour of copyright in newspaper headlines
25 August 2011
Author: Justine Munsie, Partner
Practice area: Intellectual Property & eCommerce
The recent decision of the English Court of Appeal in Meltwater Holdings BV & Ors v Newspaper Licensing Agency & Ors [2011] EWCA Civ 890 indicates a more generous attitude by the British Courts towards the authors of newspaper headlines than has recently been the case in Australia. Those who do business in the UK should be aware of the divergence between the UK and Australian positions. In particular, when making use of parts of copyright works, such as headlines and other similar title information available on the Internet, clients should have regard to the fact that the UK courts will more readily find that copyright subsists in those short and simple works than would the courts in Australia.
Rights and Reputation in Product Look and Feel - Full Federal Court Finds that the sale of similar looking coffee plungers is misleading and deceptive and constitutes passing off
25 August 2011
Author: Justine Munsie, Partner
Practice areas: Intellectual Property & eCommerce and Marketing & Advertising
Owners of distinctive and well known homewares and similar products can take great comfort from this month's Full Federal Court decision in Bodum v DKSH Australia Pty Limited [2011] FCAFC 98. In a case concerning the Danish design company, Bodum's flagship Chambord coffee plunger (pic below), the majority of the court confirmed that the look and feel or "get up" of such a consumer product can attain sufficient reputation, independent of its brand name and packaging, such that the sale of look-a-like or copycat products will amount to misleading and deceptive conduct or passing off unless the copies are clearly labelled so as to distinguish themselves clearly to prospective consumers.
Can a Creditor Claim Damages Direct against a Director?
24 August 2011
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Bulldog Bites the Dust
Competition Quarterly - August 2011
19 August 2011
Author: Laura Hartley, Partner (Editor)
Practice area: Competition, Trade Practices & Regulatory
In this edition: * A new era in Australian competition regulation: Rod Sims now at the helm of the ACCC. * Are your advertising disclaimers really effective? Optus learns a $5.26 million lesson on the topic. * A Pyrrhic victory or the ACCC testing the boundaries? A$2.7 million penalty but on paper only. * The creeping tale of creeping acquisitions ...
Reining in the Chairperson: Voting on the remuneration report resolution
19 August 2011
Author: David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
We have previously reported that as a part of the Federal Government's executive remuneration reform package, new law was introduced to prohibit a company's "key management personnel" from voting undirected proxies on a resolution to adopt a remuneration report if his or her remuneration details are included in that report. This law is now in force and applies to all AGMs held on or after 1 August 2011. The Government, however, is proposing an amendment to clarify that chairpersons will be permitted to vote undirected proxies on remuneration report resolutions where shareholders provide express authorisation for them to vote such undirected proxies. To help companies comply with the current law in the interim period, ASIC has recently published guidance on the different options companies may choose to adopt.
Schemes of Arrangement - How Many Classes of Shareholders Do You Have for Your Scheme Meeting?
9 August 2011
Author: Li-Jean Chew, Senior Associate
Practice area: Corporate, Mergers & Acquisitions
A scheme of arrangement to acquire shares in a company must be approved by the requisite majorities set out in the Corporations Act 2001 (Cth), at a meeting or meetings of the shareholders or "class" of shareholders of the target.