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Pyrat or Pirate? Booze, pirates and a trade mark dispute…

In the recent case of Patron Spirits International AG v Fernbrew Pty Ltd [2018] ATMO 87, two companies disagreed over whether their ‘pirate’ rum trade marks for alcoholic beverages were too similar and possibly misleading for consumers. What happened? In April 2016, Fernbrew Pty Ltd lodged a trade mark application for “The Pirate Bay Rum Company”. Patron Pty Ltd then contested the application, arguing that Pirate Bay Rum was deceptively similar to its own trademark “PYRAT” rum. Patron asserted that the Fernbrew’s trademark was likely to mislead consumers and breach Australian Consumer Law. Patron claimed that Fernbrew’s use of the word “pirate” and the concept of “pirates and rum” made their

If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck…

In what is shaping up to be a test case for the business model of the gig economy, the Fair Work Ombudsman is taking food delivery service Foodora to the Federal Court over alleged sham contracting arrangements. What is the case about? The Ombudsman is arguing that despite individuals holding an ABN and signing ‘independent contractor’ agreements, the true nature of their relationship with Foodora is as employees. Whilst there is nothing unlawful about a business organising its workforce to facilitate the provision of labour in the most cost effective way, the Fair Work Act 2009 (Cth) guarantees minimum employment conditions to employees. For example, if the relationship that the hirer has e

Director, Laura Racky, appointed by Shebah ride sharing network

We are thrilled to announce that Laura Racky has joined Shebah as Chief Legal and Strategy Officer. Shebah is an all-female network of drivers and passengers and Laura is looking forward to working with such a meaningful and important company as it continues its story of growth and success.

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