Thursday, 30 December 2021

ASIC Case Note

A discussion of the recent case Australian Securities and Investments Commission v Colonial First State Investments Limited [2021] FCA 1268 which involved extensive, long running breaches of the ASIC Act by Colonial, a subsidiary of the Commonwealth Bank.

Tuesday, 21 December 2021

ACCC Case Note - ACCC v IVF Finance Pty Limited (No 2) [2021] FCA 1295

ACCC Case Summary of the recent successful interloctory injunction application by the ACCC in relation to the Virtus - IVF proposed acquisition of the Adora fertility business.


Friday, 17 December 2021

Law Report - US trademark dispute threatens ugg boot business

Yesterday's Law Report (14 December 2021) featured an excellent story about our ugg boot case, including interviews with both Eddie and myself.

Despite the unfortunate circumstances of having our US Supreme Court petition denied, it was very exciting to be interviewed by Damien Carrick about the case for the Law Report. Needless to say I am a big fan of Damien Carrick and the Law Report.

On a more positive note we are currently exploring the possibility of using Article 2.2 of the Australia - US Free Trade Agreement to continue the fight. Stay tuned.

Have a listen when you get a chance.

US Supreme Court denies ugg petition

Unfortunately, the US Supreme Court has denied Australian Leather's petition challenging the lower courts interpretation of the doctrine of foreign equivalents.

We are very disappointed in the decision, given we had filed such a strong petition prepared by Seth Waxman and Tom Saunders from WilmerHale and Mark Bagley from Tolpin Law and also had strong support from the Commonwealth Government which filed an excellent amicus brief prepared by Donald Baker and Todd Miller of Baker & Miller.

Obviously the US Supreme Court placed no weight on the following views about the importance of the case, as expressed by the Commonwealth Government in its amicus brief:

"By refusing to bar U.S. trademarking of generic terms originating only in an English-speaking country of origin, the United States is unnecessarily discriminating against producers of products from those countries, while creating confusion for U.S. consumers as to the origin and sponsorship of the alternative sources of such products from important trading partners.

This regrettable situation could be promptly and effectively resolved by this Court agreeing to hear this case, and the Government respectfully urges it to do so."

Thursday, 9 December 2021

The 10 Biggest Mistakes Companies Make When Dealing With the ACCC

This is a updated video version of an article which I wrote for the Keeping Good Companies Journal of the Chartered Secretaries Australia Ltd (now Governance Institute), published in December 2008, Volume 60 No. 11, pp. 681-684.

Even if you educate your staff regularly on compliance with the Competition and Consumer Act 2010 and Australian Consumer Law 2010 and have lawyers review all your communications rigorously, that’s no guarantee that your company will never be the subject of an investigation by the Australian Competition and Consumer Commission (ACCC). When that happens, some companies make fundamental mistakes. Other mistakes raise more subtle issues. So, if you are investigated by the ACCC, what should you do? Or, to look at it another way, what should you not do?
Hope you enjoy the video.