Update – Upcoming Changes to the Retail Leases Act 2003 (Vic)

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The Retail Leases Amendment Act 2020 (‘Amendment Act’) made a number of changes to the rights and obligations of both landlords and tenants under the Retail Leases Act 2003 (‘Act’).

Landlords and tenants should be aware of the following changes, which came into effect on 1 October 2020, unless otherwise

Legal Side of Buying

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You have decided like the majority of Australians that it is time buy your own home. But what do you do next, where do you start, who should you speak to.

Purchasing a house is the single largest investment that most people will ever make. As such and before you

Sales Contract Holds Key

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Anyone buying or selling property is required to enter into a Contract of Sale.

The Contract of Sale in the context of a property transaction is the single most important document. It sets at the rights of the parties and provides the parameters or a map as to how the

Agent Licensed to Sell

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In any property transaction, such as the purchase and sale of property, the real estate agent plays a prominent and central role. They represent the seller and are responsible for the facilitation of the sale process.

As such a fiduciary relationship exists between the real estate agent and seller. This

Louis Vuitton playing chess or checkers? The CJEU annuls’ the invalidation of Louis Vuitton’s EU trade mark

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Liz Bodey

Louis Vuitton received a favorable decision from the EU General Court (“General Court”) in June 2020 which may assist brand owners seeking IP protection of their decorative patterns. The decision confirms the distinctive character an EU trade mark must possess in order to benefit from protection throughout the EU as

Sometimes things aren’t black and white. Sometimes the certain can rapidly become uncertain. ​ ​With an ever changing f…

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Sometimes things aren’t black and white. Sometimes the certain can rapidly become uncertain. ​ ​With an ever changing future, Sutton Laurence King Lawyers are always ahead of the pack – ensuring your legal matters are met with clarity, intelligence and attention to detail. ​ ​Contact us today to see how

Our team provide assistance with all aspects of your property development transactions including property acquisition, d…

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Our team provide assistance with all aspects of your property development transactions including property acquisition, development, construction, sales and leasing. ​ We offer legal services for residential, commercial and industrial property matters including Conveyancing, Development, Planning, Leasing, Construction and Environmental.  Get in touch today: https://slklawyers.com.au/our-services/property-development/

Every business in Australia has been affected by COVID-19. You know this, and we know this. ​ Our highly experienced te…

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Every business in Australia has been affected by COVID-19. You know this, and we know this. ​ Our highly experienced team works closely with liquidators and businesses to ascertain the best solutions to insolvency concerns. With a heightened understanding of asset protection strategies, pre-insolvency advice and insolvency protection, Sutton Laurence King

Elder abuse and COVID-19

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ABC Radio

There have been over 660 COVID-19 deaths in residential aged-care facilities. The Royal Commission into Aged Care special report on COVID 19 has made a number of recommendations aimed at improving the safety and quality of life of residents. The pandemic has also increased the vulnerabilities of elderly where-ever they

Protecting Animated Logos – LA28 Ushers In A New Era

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Liz Bodey

The Los Angeles Organizing Committee for the 2028 Olympic & Paralympic Games (LA28) has recently unveiled the official LA28 emblem, which, for the first time, is an animated emblem consisting of multiple logos (shown below). “Built for the digital age”, LA28 has designed the emblem to “evolve over time, reflecting [Los Angeles’] spirit of limitless possibility”.

The emblem is designed to represent a “collection of voices”, to showcase the fact that “Los Angeles is an infinite canvas that represents millions of people and hundreds of languages”. Therefore, the animated emblem involves 26 interchanging “A” logos, each “A” also existing as a stand-alone logo with its own animation. Click here to view the website and LA28 “A” logo top left corner of site.

Further “A” logos will be designed and released over the next eight years before the 2028 Summer Olympics commence.

The use of an animated emblem incites interesting intellectual property questions, such as how an animation can be protected by trade mark law.

In Australia, it is possible to register a movement trade mark. Movement marks are a more unusual form of trade mark, which involve a visual animation with movement as the defining feature. Nevertheless, the same principles and requirements of more common trade marks apply: the applicant must provide clear representations which show all the features of the trade mark.

The application must be accompanied by a description of the trade mark which clearly describes all the features of the trade mark, as well as a copy of the actual trade mark in the form of a video clip (MPEG (.mpg) format required). An example of an acceptable description has been included in Part 21.9 of the Trade Marks Office Manual of Practice and Procedure:

The trade mark is a movement mark. It consists of a yellow balloon with a face drawn on it which floats from the bottom left corner of the screen to the top right corner, while the facial expression changes over the course of the traverse from frowning to smiling. The trade mark appears in the video clip attached to the application.

Many well-recognised brands have registered movement trade marks in Australia, such as:

Telstra
Vodafone
Petbarn
Hopper
Snooze
Google

However, anyone can register a movement trade mark in Australia, including smaller businesses and individuals. An example includes:

Both the LA28 animated emblem and each individual animated “A” logo could be registered as movement marks in Australia.

However, it would be prudent to register the emblem in multiple forms. As the static individual logos are expected to be printed on official merchandise, it would be wise to also register each individual logo as a separate device trade mark. This would allow the static versions of each logo to also be protected.

It should be noted that because LA28 has implied that further “A” logos will be released in future, and therefore the animated emblem will continue to evolve, that each new animation and static logo would need to be registered as an individual trade mark. This would ensure that LA28 could protect their intellectual property rights for all variations of the LA emblem.

The LA28 animated logo, as a fresh and modern concept, is likely to inspire further movement marks to be registered with IP Australia and around the world in the near future. It will be interesting to watch intellectual property law develop in response to the novel issues which will arise as a result of this progression.

By Talia Le Couteur Scott and Chris Round

Deep fakes, inventorship and ethics – WIPO revised issues paper on Artificial Intelligence

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Liz Bodey

One thing is clear about artificial intelligence (AI) and intellectual property (IP) at the moment: there are more questions than answers. Who should be author? Who is responsible for a work’s liability? What about moral rights? Is a computer programme capable of making an ‘inventive step’ or forming an ‘intellectual

Proposed copyright reform in Australia – Limited liability scheme for use of orphan works

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Liz Bodey

Reforms to the Copyright Act 1968 (Cth) (Act) are just around the corner, and after two years of extensive stakeholder consultation, the Government has finally proposed a limited liability scheme for use of orphan works. The proposed reforms were announced by Hon Paul Fletcher MP, Minister for Communications, Cyber Safety

Property conveyancing is an important part of the home buying or selling process, as it’s the legal process of transferr…

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Property conveyancing is an important part of the home buying or selling process, as it’s the legal process of transferring ownership of a property from one person to another. ​ ​Due to what’s involved, the conveyancing process must be managed by a qualified conveyancing professional. ​ ​Here at Sutton Laurence

Can a gift of land during the donor’s lifetime defeat a claim against his or her estate after death? – follow up

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noreply@blogger.com (William Stark)

Further to my post of 22 September 2020 (see: https://melbournepropertylaw.blogspot.com/2016/01/can-gift-of-land-during-donors-lifetime.html), Teri Konstantinou has written an article about a recent NSW Court of Appeal decision (Mentink v Olsen – [2020] NSWCA 182) in which the trial judge set aside a gift by a dying mother to her daughter. See https://www.linkedin.com/pulse/mentink-v-olsen-2020-nswca-182-elefteria-teri-konstantinou/?trackingId=ZhuaYDE6QPOJRPO5pBsdNw%3D%3D

The background was that the

VALE Justice Ruth Bader Ginsberg. High Court of Australia rules that an off-duty soldier can face trial in military court

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ABC Radio

Justice Ruth Bader Ginsberg’s death has ignited raw and intense political wrangling over how to fill her seat on the US Supreme Court. We reflect on her legacy and the political manoeuvering. And, in a case involving a soldier known only as Private R, the High Court of Australia has

The world can often sprawl outside your vision. With legal obstacles in life sometimes seeming insurmountable, our assis…

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The world can often sprawl outside your vision. With legal obstacles in life sometimes seeming insurmountable, our assistance can help you find the sky beyond the clouds. ​ ​Here at Sutton Laurence King Lawyers, we assist you through every step of your legal quandary with clear communication and understandable legal

Bill to ban mobile phones in immigration detention. And Supreme Court win for remote NT residents over poor housing

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ABC Radio

The House of Representatives recently passed a bill which will strip mobile phones from people in immigration detention. Will the bill pass the Senate? What does this mean for asylum seekers?     And residents of the remote Northern Territory community of Santa Teresa have just won a big legal victory

With the financial hardship derived from the COVID-19 global pandemic placed upon everyone, small and large businesses a…

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With the financial hardship derived from the COVID-19 global pandemic placed upon everyone, small and large businesses are feeling signifiant economic pressure. Pioneers at ensuring fair and equitable outcomes, Sutton Laurence King Lawyers will provide appropriate professional advise to support and guide you through these difficult times. Contact our team

Judicial inquiry into COVID-19 hotel quarantine in Victoria

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ABC Radio

The vast majority of COVID-19 cases in Victoria’s second wave of the pandemic are traceable to breaches of hotel quarantine. What went so horribly wrong? A judicial inquiry is trying to find out.   So far, a lot of the evidence has focussed on how the roles and responsibilities of

How does the Supreme Court determine whether modification of a restrictive covenant would substantially injure those entitled to the benefit of the covenant?

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noreply@blogger.com (William Stark)

1.     In Foudoulis v O’Donnell [2020] VSC 248, the Supreme Court (Mukhtar As J) considered the approach to be taken by the Court in assessing whether a proposal to modify a restrictive covenant would substantially injure the persons entitled to the benefit of the covenant.

 

2.     The plaintiff was the registered proprietor of a

Clive Palmer v WA, gag laws on sexual assault survivors in Victoria and considering personality disorders when sentencing

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ABC Radio

How might Clive Palmer challenge WA legislation designed to thwart his legal action against the WA government? Also, in Victoria, sexual assault survivors now require a court order before they can speak publicly about their experience. Following protests the law is currently under ‘urgent’ review. And the Victorian Court of

When will I be able to appeal successfully from the dismissal of application to remove caveat under section 90(3) of the Transfer of Land Act?

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noreply@blogger.com (William Stark)

1.     The Court of Appeal (Beach, Kyrou and Kaye JJA), considered whether the Trial Judge erred in dismissing an application to remove a caveat under section 90(3) of the TL Act (see Chan and anor v Liu and anor [2020] VSCA 28).

 

2.     The appeal did not of itself make any

Get the right advice on Structuring and Trusts best suited to your business and personal needs. We can also make changes…

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Get the right advice on Structuring and Trusts best suited to your business and personal needs. We can also make changes to existing structures or trusts in order to fit your requirements. ​ At Sutton Laurence King Lawyers our services include Business Structuring or Business Restructuring including Joint Ventures, Companies,

When will a hand-written licence to occupy premises in a contract of sale of real estate be enforceable?

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noreply@blogger.com (William Stark)

1.     In CAG Company P/L v Cheruku and anor [2020] VCC 13, the County Court (Marks J) considered the interpretation of a handwritten clause in a contract of sale of real estate allowing the purchaser to take possession of the property being sold 5 and 1/2 months before settlement.

 

2.     The plaintiff agreed to