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Worth Knowing

It’s a long way to the top if you want a rock’n’roll trade mark

A couple of months ago, we wrote about an American dance/rock band who had to go all the way to the top (in this case, the US Supreme Court) in order to win the right to trade mark their band name.  We then considered how that case might have played out in Australia, given the

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August 31
2017
Intellectual property law SVL in the community

A solution to alien invasive species?

On 8 September, 2017, a major step will be taken to preserve and protect the marine environment from alien invasive species when the International Convention for the Control of Ship’s Ballast Water and Sediments, 2004 (Ballast Water Convention) comes into force. The problem of alien invasive species in the marine environment is one of the

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August 24
2017
Maritime Law

Employees or contractors? Make sure all your (radio) bases are covered

Between 2012 and 2015, a husband and wife operated a radio base for a truck repair company in Wagga  Wagga.  The question of whether they did so as employees or contractors, however, was anything but basic. After 7 days of hearing in the Federal Court, a judgment of 343 paragraphs was delivered.  The judgment identified

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August 22
2017
Employment Law

Follow deleter – remedies for the destruction of electronic documents in litigation

We are all used to seeing pop-up warnings when we go to delete electronic documents, although the pop-ups don’t usually warn us about things like “contempt of court” or “abuse of process”.  However, the destruction of documents can have serious consequences in litigation. A recent case in the Supreme Court of New South Wales has confirmed that

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August 17
2017
Litigation and dispute resolution

When commercial arbitration goes against the grain

Breaking up (so the song tells us) is hard to do.  This proposition is no less true of commercial relationships than it is of personal relationships, which is why difficulties can arise in the enforcement of contractual dispute resolution procedures, such as agreements to arbitrate.  Once a dispute actually arises, one party to the agreement

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August 4
2017
Commercial Law Litigation and dispute resolution

“Worth knowing” on tour

If you have ever worked with Angus Macinnis you will know how much he likes the sound of his own voice. Fortunately, he is not the only person who likes (or at least, is prepared to tolerate) the sound of his voice, which is why he gets invited to present at CLE seminars from time

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July 24
2017
SVL in the community

StevensVuaran Lawyers (and mooters from the UNDA Sydney Law School) in this month’s Law Society Journal

StevensVuaran Lawyers is a proud supporter of mooting at the Sydney Law School at the University of Notre Dame Australia, sponsoring the senior mooting competition conducted by the Notre Dame Sydney Law Society. In addition, Angus Macinnis assists head coach Svetlana German (a lecturer at UNDA Sydney) in coaching the UNDA Sydney team in the Willem

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July 4
2017
SVL in the community

Do US and Australian laws have different slants on “scandalous” trade marks?

In the US Supreme Court last week, a band called The Slants had a big win. The band, who are apparently “the world’s first and only all-Asian American dance rock band”, had applied to register their band name as a trade mark. Registration had been refused on the basis of a legislative provision which prohibited

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June 25
2017
Intellectual property law

Exclusive! Exclusive! Jurisdiction clauses in international contracts

If you skim to the end of most contracts, you should find clauses of the kind which are often described as “midnight clauses”.  These are clauses dealing with the proper law of the contract, the jurisdiction (or forum) for the resolution of disputes, and (in some cases) providing for alternative dispute resolution mechanisms, such as arbitration.

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June 12
2017
International dispute resolution International trade law

“The menu, sir? I’m sorry, that’s confidential”

Confidential information can be used (and misused) in lots of different ways. Disputes about use and misuse often arise following the termination of various kinds of contracts (including employment contracts and franchise contracts) which provide for confidential information to be provided by one party to the contract to the other party. If a party is

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May 22
2017
Franchising Law Litigation and dispute resolution
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