Unraveling the Nike Flyknit Technology Dispute
The beginning of November 2023 saw Nike file lawsuits in the Federal courts of Massachusetts and Los Angeles against Skechers and New Balance for the improper use of Nike’s patented Flyknit technology intended for running, football and basketball shoes. On their website, Nike provides a simple definition of their Flyknit technology as ‘a material made […]
Real-World Trade Marks in the Digital Space
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 […]
Instagram call-out account Diet Prada is being sued, so what does this mean for local creators?
The prolific reach of Instagram influencers is undeniable – it’s in the name. However, when it comes to your content centring around commentary on individuals and commercial entities, where is the line drawn between freedom of speech and character assassination? As a direct result of contemporary ‘call-out culture’ phenomenon, various local social media creators and […]
Why it’s important to protect your fashion design BEFORE it becomes the next big trend!
Fashion trends change from year to year; season to season. Designers have the unique skill set to often predict and even set the next big trend with their designs. Unfortunately, not all of them are able to truly realise the benefit in doing so. Independent designers often face the harsh reality of their original designs […]
What is the design registration & certification process?
Registering your design In Australia, registered designs are granted by IP Australia under the Designs Act 2003 (Cth). For a design to be registered and legally enforceable it must be determined as ‘new’ and ‘distinctive’. For a design to be ‘new’ it cannot have been published anywhere in the world or publicly used in Australia […]
What is a registered design and why should I have one?
A registered design is a form of legal protection that will protect the design of a functional item. A design refers to the visual ornamental characteristics in the appearance of an item. The subject matter of a registered design may relate to the configuration or shape of an item, the surface ornamentation applied to an […]