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
With a personalised service approach to meet your specific needs, our creative approaches simplify the complex. In a time where legal assistance is paramount for the continued evolution of your business or personal life, Sutton Laurence King Lawyers will provide you with the help you need.
Understanding the legal implications associated with purchasing a business is crucially important. Our services are inclusive of commercial, residential and industrial property matters within the current COVID-19 environment. Contact us today to see how we can simplify this process for you.
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
All around Australia if an accused pleads guilty to a criminal offence, they become eligible for a reduction in prison time. But just how big an incentive should we give an accused if it’s a serious crime? The South Australian parliament has passed legislation reducing the maximum possible prison discount
While your outlook on the future is uncertain, we embrace uncertainty. In fact, our team of professionals use our skills efficaciously – ensuring the best of outcomes for you or your business. Working alongside Sutton Laurence King Lawyers, your future might just be a little more certain. Get in
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
The Victorian Court of Appeal has confirmed that a ‘retail premises lease’ cannot cease to be such a lease during its term. In Verraty v Richmond Football Club  VSCA 267 the Court of Appeal upheld Croft ‘s decision in Richmond Football Club v Verraty  VSC 597. I will
Do you have a question or legal issue that you wish to discuss? Unsure of whether you are ready to make an appointment? With the world changing so rapidly, legal assistance is a necessity to ensuring you can be ahead of the pack. The most efficient way to get an
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/
A common, but difficult, GST issue is whether the seller of vacant lots of land is carrying on an “enterprise” and is subject to GST. There is no simple answer, and the question must always be addressed by reference to the facts. In many cases, the question arises where the
Over the next few months two justices of the High Court of Australia will retire. What is the process for choosing their replacements? How different will our process be from what’s taking place right now in the USA with the US Supreme Court vacancy? Also, the Federal Court has just
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
Legal matters don’t have to be difficult. Oftentimes, legal concerns can perplex the everyday person. We make things easy by breaking down difficult legal terminology for you to understand and relate to. Get in touch with us today for a consultation and we’ll ensure your legal matters are made
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
In Janney v Steller Works Pty Ltd  VSC 363, (2017) 53 VR 677, Justice Riordan of the Supreme Court of Victoria was asked to consider the extent of a landowner’s right to possession of the airspace over their land, and their ability to control entry onto their land. The circumstances of
While the current climate might be obscuring the future, Sutton Laurence KIng Lawyers are always here to help. Offering clear, concise and effective legal services to our clients, we ensure your future will be clearer. Get in touch with us today to find out how our legal services can assist
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:
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.
Despite a much-welcomed return to a somewhat normal lifestyle, businesses are still feeling the effect of an economy hastily forced into an uneventful lockdown. Sutton Laurence King Lawyers are pioneers at ensuring that your legal matters are dealt with effectively during these times. Contact us today to see how we
Dealing with a dispute in business can be time-consuming, complicated and stressful. Working with the Sutton Laurence King team on any disputes or litigation issues, you’ll receive clear advice and guidance whether it’s a simple or complex matter.
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
The Perth trial of Bradley Robert Edwards, found guilty of two of the three Claremont murders. How should we deal with judges who are biased or incompetent? And, a new Victorian report finds that two thirds of children who spend time on remand never receive a custodial sentence.
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 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
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 –  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
Communication is a virtue not comprehended by most. Oftentimes, the relationship between you and your legal firm can be significantly affected by a lack of clarity. At Sutton Laurence King Lawyers, that’s our point of difference. We understand that clear, concise and constant communication is the key to
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 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
There’s always light at the end of the tunnel. Here at Sutton Laurence King Lawyers, we use our expertise to achieve practical outcomes for your business with legal jargon you will understand. Get in touch with us today for a consultation to see how we can assist you.
In the midst of a rental dispute with your landlord and unsure what your rights are as a business owner or tenant? Get in touch with us today for a consult – we can assist you through these difficult COVID times.
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 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
With financial stress and insolvency looming in the current economic climate, many businesses are struggling to survive. If your business is in need of professional advice, contact our team today! We are here to support you 🤝
When construing a restrictive covenant, a careful analysis of its various components is needed to understand its true effect, and indeed, whether it is effective at all. For example, one covenant in Toorak dating back to the 1960s, purported to … Continue reading →
Today is R U OK Day. A day to empower everyone to meaningfully connect with the people around them and start a conversation with anyone who may be struggling with life. Especially with the hardship that COVID-19 has brought upon many people and businesses it is so important to check
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
At Sutton Laurence King Lawyers, our team can advise you on a broad range of Intellectual Property (IP) services including patents, trademarks, designs and other forms of protection. This may be one of your most valuable assets! Get in touch at https://slklawyers.com.au/our-ser…/intellectual-property-ip/
1. In Foudoulis v O’Donnell  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
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
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  VSCA 28).
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,
1. In CAG Company P/L v Cheruku and anor  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.