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The recent case of Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608 affirms the importance of using one’s trademark for their registered purpose. Otherwise, individuals risk losing registration of their trademark for ‘non-use’. In this case, Seven Network Operations Limited (‘Seven Network’) owned a trademark “7NOW”, which was registered in class 35 for the “promotion and sale of goods/services for others”. 7-Eleven Inc (‘7-Eleven’) also applied for the trademark “7NOW” for use in cl...

The Franchise disclosure register is a free online register that gives franchisees access to the franchisor’s information to help them make an informed decision before proceeding with a franchise system. The register is hosted and maintained by the Australian Government’s Treasury Department. However, all franchise content on the register is published by franchisors. Franchisors must create a franchise profile and publish information about their business on the register. If they not, then they risk being in breach of the C...

At its core, copyright is a part of an artist’s moral and personal right to recognition and respect for their work. In protecting particular forms of expression, copyright legislation attempts to strike a balance between competing interests and policy considerations – without conferring a monopoly on facts or information. [1] Generative artificial intelligence (AI) has increased in the creation of works, blurring the lines of authorship and ownership. This is a contentious issue in the film industry: an ongoing strike by Hollywood...

NFTs are an especially new technology, and currently go quite underregulated; it was previously unclear as to how much weight a real-world trade mark carried in the digital realm. The Hermès Int’l v. Rothschild case offers some certainty in this developing area of law and a greater degree of clarity in the Web3 space. The MetaBirkin Within the hallowed halls of fashion accessories, the Hermés Birkin retains its own special niche. Initially designed in 1984 for young wealthy mothers, the bag has since been coveted as a p...

For software developers and programmers, source code is the stock in trade. It is what they get paid for, but who owns the code once it has been written? From ownership of copyright in the code, developers can reuse their code for other projects without having to redevelop that code. Both developers and the clients need to be clear as to what rights they each retain or own at the end of the project. ‘Source code’ and ‘executable files’ Programming is the process of typing a sequence of characters into a text editor. The file i...