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Domain names and trademarks are a contentious area of law. The association of a domain name with a business trademark isn’t always guaranteed, and there is a misguided assumption that having a domain name gives rights to its use. As it turns out, the issue of domain names and trademark rights is more complex than […]
In November 2016 the unfair terms laws regime came into play affecting small business contracts, including most franchise agreements and many other standard contracts used within a franchise network. While the courts have yet to test any franchise related standard contracts against this new regime, the Federal Court have recently declare eight specific terms in […]
With the internet opening up so many opportunities to do business globally, it’s vital that you consider how you are protecting your brand overseas from the outset. If there is the tiniest chance that you will be trading outside Australia, you should do your homework before choosing a brand name so that it has the […]
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“FWAA”) has now come into effect, materially impacting the Franchising Industry (and possibly extending to those in the licensing industry), with the main impact being that: there are now higher penalties for serious contraventions of workplace laws and record keeping breaches; and from 27 October 2016, […]
Given that most franchise systems within Australia follow the standard Australian Financial Year of 1 July to 30 June, we are fast approaching the expiry of the 4 month period, Franchisors have from the end of their last Financial Year to have updated their Disclosure Document. Additionally, for those Franchisors with marketing/co-operative funds, they must […]
Trademarks are the identity of businesses, brands and individuals. More and more, people and companies are relying on trademarks to protect their image, and maintain airtight branding. Whether you are a small trader or an international corporation, it is imperative that you understand the basics of trademarks, so that you don’t lose your own image, or […]
Half way through the year and the ACCC are definitely keeping active in the Franchise sector. Following on from our prior blog dealing with the ACCC’s infringement notice against the Domino’s Franchisor, the ACCC has since taken action against the Franchisor of Ultra Tunes and the Franchisor of Geowash. While both of these franchise systems are […]
Running a business is costly, not only in time but money and there are often unknown concerns that arise to challenge even the savviest entrepreneur. So, it will come as a relief to business owners to learn that they don’t need to pay high lawyer fees to manage the registration and processing of trademarks. In […]
Earlier this year in May, the Australian Competition and Consumer Commission (“ACCC”) issued its first infringement notices for alleged breaches under Australia’s updated Franchising Code of Conduct (“Code”) that resulted in civil penalties being paid by a Franchisor. What this means for Franchisors is that the ACCC are ready to take action, and under the […]
My clients have been calling me recently and emailing me FAKE trademark registration invoices from Africa, Budapest and Eastern Europe. They have also been emailed by Chinese trademark companies demanding payment for infringement or registration of their business name or services brand, the letter warning if they don’t pay they will lose their rights to […]
