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Confusing marks – Sensis v Senses
Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719: Court ruled SENSES marks deceptively similar to SENSIS marks, highlighting importance of engaging intellectual property lawyers when building a brand. Marks can be infringing if spelling is only slightly different, if it resembles another and likely to deceive and cause confusion.
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Unfair preferences & the set-off defence
Under section 588FA of the Corporations Act 2001 (Cth) (Act) an unfair preference is defined as a transaction, such as payment of an outstanding debt, between a company and an unsecured creditor which results in that unsecured creditor receiving more than it would have received if it had to prove in the winding up of the…
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Construction contracts: addressing defects and final stages
Terminating a residential construction contract can be risky. Learn how to avoid costly litigation outcomes and understand the full implications of termination before taking action.
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Contractual terms can be misleading – Jetstar under fire
Jetstar Airways Pty Ltd has been found to have breached the Australian Consumer Law. Find out what this means for other companies and how to protect your business.
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Technology startups – top 5 legal considerations
Start your tech startup on the right footing by considering the top five (5) legal considerations: entity structure and asset protection, intellectual property (IP), confidentiality, contracts, privacy and compliance.
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Need a reseller agreement?
This article provides an overview of the considerations when entering into a Joint Venture, including inputs, outputs, legal and tax implications of different Joint Venture vehicles. Get the facts you need to make an informed decision.
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Legal concerns in software support agreements
Software developers must consider tech and product support services when taking software to market, such as differences between technical and product support, supported and non-supported items, and differences between installed and hosted software support agreements.
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Abhorrent violent content prohibited
Organizations hosting abhorrent violent material, such as terrorism, murder, torture, rape and kidnapping, now face hefty fines under the Criminal Code Amendment Act 2019 (Cth), up to 50,000 penalty units or 10% of annual turnover.
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Unfair preferences – the Doctrine of Ultimate Effect
Explore the Doctrine of Ultimate Effect, running account defence and more in this article by Dundas Lawyers. Learn how these concepts can provide a defence to an unfair preference claim under Section 588FA of the Corporations Act 2001 (Cth).
