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Designer wins High Court case over Katy Perry trade mark dispute
On 11 March 2026, the High Court of Australia (High Court) delivered its judgment in the case of Taylor v Killer Queen, LLC [2026] HCA 5 (Taylor v Killer Queen), ending the seventeen (17) year trade mark dispute between pop star Katy Perry and Australian fashion designer Katie Jane Taylor. In a 3:2 majority decision,…
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Full Court clarifies confidentiality of supplier and contact info
On 10 May 2023, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim v Leung), allowing an appeal concerning alleged misuse of confidential supplier information by a former senior employee. The decision provides guidance on:…
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Proposed changes to copyright for orphan works
On 5 November 2025, the Copyright Amendment Bill 2025 (Cth)(Bill) was introduced to the Federal Parliament to amend the Copyright Act 1968 (Cth)(Copyright Act). The media release to the Bill explained that it proposed two (2) reforms to the Copyright Act by establishing Australia’s first statutory “orphan works” scheme and clarifying the permitted use of…
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Canva – who owns the artwork created by users?
The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act). From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…
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Updates to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to “sunset” (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect on the same date.
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Cross-border licensing – Maxim Media Inc. v Nuclear Enterprises
The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc. and Maxim Inc. (together, Maxim) (Applicants) for alleged breaches of sections 18 and 29 of the Competition and Consumer Act 2010 (Cth), passing off and infringement of a…
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Misuse of confidential information within source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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IP Australia follows Madrid Goods and Services list
From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services list (Madrid List), replacing the AU Goods and Services Picklist.[1] The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.
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The © (copyright) symbol in use
It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns. Under Australian law, the “material form” of all original Works is automatically protected by…
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