Macfarlane Law in Gregory Hills | Lawyer & law firm

Macfarlane Law

Locality: Gregory Hills

Address: Level 1, Suite 1201, 31B Lasso Road 2557 Gregory Hills, NSW, Australia

Website: http://www.macfarlane.law

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23.01.2022 Whilst many of us won’t be planning to don the humble ‘ugg boot’ until mid-next year , one company is feeling the heat following massive losses in the US over its use of the trade marked name. Although many Australians use the term to refer to their sheepskin winter warmers, the name actually belongs to an American company. Eddie Oygur, Australian Leather Pty Ltd, is allegedly planning an appeal and has called on the Australian Government for financial assistance . I will b...e watching this with some interest but in the meantime, this is a very good lesson in ensuring that you check that you are not infringing another company’s trade mark with your goods and/or services. It has certainly proved a costly exercise to date for Australian Leather. https://www.news.com.au///ca01102ae407078da5c7a301a77a4166 #uggboot #trademark #trademarkinfringement #trademarkdispute

23.01.2022 Graffiti artist #Banksy may very well live to regret his dismissive claim that "#copyright is for losers" following the loss of a recent #trademark dispute over one of his iconic artworks. Trade mark registration is critical if you want to be able to protect your brand in the event that someone else tries to capitalise on it. https://theconversation.com/banksy-brands-under-threat-afte... #trademarkdispute #brandprotection #assetprotection #intellectualproperty #IP

22.01.2022 https://macfarlane.law/intestate-estates/

22.01.2022 A Determination made under the Corporations Act in response to COVID-19 that enabled companies to hold meetings remotely and sign documents electronically has been extended until 22 March, 2021. In implementing these measures, a reliable method must be used to identify each signatory and their intention to execute the document on the company’s behalf. View the latest Determination: https://www.legislation.gov.au/Details/F2020L01194 ... #CorporationsAct #electronicsignature #companydirector #companysecretary #COVID19response

21.01.2022 Any marketer will tell you that there’s no such thing as being too well-known. However, any #IP lawyer may have a differing opinion if the way that people are using your brand name renders your trade mark redundant. Once your brand name becomes part of everyday language, ownership is much harder to prove and it can become difficult to defend against infringement from competitors. You can read more about how 'brand genericide' occurs, and how to avoid it, here: https://macfa...rlane.law/brand-protection/ #iplaw #trademark #brandprotection #intellectualproperty

20.01.2022 The Federal Government has announced the most significant #reforms to #insolvency #law in three decades, to assist businesses moving forward. The reforms will enable businesses experiencing financial difficulties to the point of insolvency greater efficiencies in #restructuring or #windingup their operations, including paying employers and creditors. They aim to simplify the process and reduce time and costs for small businesses that may have already incurred further debts trying to stay afloat during the pandemic. You can read about the key changes announced here: https://macfarlane.law/insolvency_reforms/

18.01.2022 Client focused, the core objective at Macfarlane Law in addition to achieving exceptional outcomes is to provide a better #client #experience. That's why reviews like this make my day! #clientreview #clienttestimonial #clientsatisfaction

17.01.2022 From 1 July 2021, the value threshold for determining whether a customer is a 'consumer' under the #Australian #Consumer #Law will increase from $40,000 to $100,000. If you are involved in a business selling goods or services valued up to $100,000, this article summarises how the legislative change will affect you. Consumers of goods and services valued up to $100,000 should likewise take note of their extended #rights.... https://macfarlane.law/consumer_definition_amendment/

14.01.2022 "Anonymous" online reviewers should beware of potential #defamation and #misleading and #deceptive conduct action following a Federal Court decision in which Google was ordered to reveal an #online #reviewer’s identity. The orders were made so as to enable the defamed party to identify the wrongdoer and take further legal action. The decision is a positive step, giving businesses and individuals alike the ability to take corrective action against false online r...eviews and defamatory publications online. Read more: https://lnkd.in/d5iDjeD #onlinereviews #litigationlawyer #emmamacfarlane

14.01.2022 In quite the lucrative deal for two Sydney foreshore landowners, in 2002 they agreed to forgo renovating their home until after their elderly neighbour (Barbara) died, so as not to obstruct her Harbour view during her lifetime, in exchange for Barbara agreeing to leave her entire Estate to them. Fast forward 18 years to October 2020, and the Supreme Court has upheld the deal, contrary to a Will made by Barbara in 2014. The Court ordered that the 2 Sydney Harbour propert...ies forming part of Barbara's Estate be transferred to the plaintiffs. The combined value of the properties is in excess of $9million. Takeaway lesson: Although a Will is revocable until death or loss of testamentary capacity, equity enforces a contract not to revoke a Will, or to leave property by Will, by fastening a trust on the Deceased's Estate to give effect to the contract. https://www.theaustralian.com.au//71ca01801e8ba405caa7f358

14.01.2022 #Copyright infringement isn’t child’s play, as one toy manufacturer recently discovered. Nine people were handed jail sentences, as China seeks to more strictly enforce #intellectualproperty rights. This is how LEGO enforced its rights against a blatant copycat: https://macfarlane.law/lego-copycat/ #iplaw #ipinfringement

12.01.2022 Property investors using their homes for short term rental should take note a new Code of Conduct will be in effect as of 18 December 2020. The Code sets out minimum standards of good behaviour for both hosts and guests. Crucially, it also provides avenues for complaints and dispute resolution. Fair Trading will also have the ability to enforce the Code with penalties and the ability to ban hosts and guests that fail to meet their obligations for a period of 5 years... a move that could prove costly if you rely on short-term rentals for income! In addition to the Code, NSW Department of Planning, Industry and Environment will launch a premises register and state environmental planning policy for short-term rental accommodation next year. Learn more: https://www.fairtrading.nsw.gov.au//changes-to-short-term- #shorttermaccomodation #shorttermrental #investmentproperty #disputeresolution #FairTrading #CodeofConduct

10.01.2022 With the growth of the business, there's a new and rewarding role open for a senior lawyer to come on board. Amongst other perks, the successful candidate will enjoy: a broad mix of pre-litigation advisory and litigation work. flexible working arrangements.... being rewarded for commitment and performance. autonomy to run your own matters, with access to strategic guidance from the firm’s Principal. https://www.seek.com.au/job/51770829

09.01.2022 ASIC has issued updated information on unfair contract protections, including advising that unfair contract terms will apply to insurance contracts from April next year. The Information Sheets explain how the law protects small businesses and consumers from unfair terms in contracts for financial products and services. #unfaircontractterms #contract #insurance #consumerprotections #SMEs #auslaw... https://asic.gov.au//20-248mr-asic-updates-information-sh/

09.01.2022 It was a bright and early start yesterday for the Victress Connection May breakfast event at Rydges Campbelltown, where we welcomed a new , Campbelltown City Council, NSW, and 2 new , Curtains Blinds & Design and Local & Co. Hampers. Thankful to Liz Giblett, who shared her expertise on mapping out brand strategy and how to convey that strategy via brand identity. A lovely morning spent with businesswomen of Macarthur.

04.01.2022 Look familiar? Aussie restaurant chain, Rashays, heats up the 'The Great Burger War of 2020' by entering its own tongue in cheek contender into the ring: 'The Big MacJac'. Seemingly unimpressed with Rashays for poking fun at the existing #intellectualproperty dispute between McDonalds and Hungry Jacks over the Hungry Jacks 'Big Jack' burger, McDonalds was quick to respond to Rashays with a cease and desist letter. Lettuce all stay tuned for the impending Court outcome (see... what I did there? ) Photo credit: Rashays