Buying and purchasing property in the current climate can be a difficult and laborious process. Sutton Laurence King Lawyers have considerable knowledge pertaining to property and rental law in the COVID-19 environment, and are here to assist you without the technical legal jargon. Contact us today to see how we
In a recent Court of Justice of the European Union (CJEU) ruling, based on a referral from the Stockholm Court of Appeal, the CJEU considered whether the distinctiveness of a sign that is to be applied to specific services should be assessed with regard to what is customary in the
At the time of writing of this article we are approximately 6 hours away from Victoria easing it’s restrictions due to COVID-19. I thought, now was a good a time as any to take stock and peer into the future. Hopefully, the misery of a third wave is avoided and
The Victorian Sentencing Advisory Council has released an in-depth study into how non-consensual recording or distribution of sexual images or videos offences are handled by Victorian courts. It’s the first report of its kind in Australia. What’s surprising is the connection between prosecutions and domestic violence.
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’). These changes came into effect on the 1 October 2020. So if you are a tenant or a landlord in
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
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
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
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
ROBERT HAY QC COMMERCIAL LAW BARRISTER
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
email@example.com (William Stark)
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