by legal | Sep 23, 2019 | Uncategorized
Most businesses trade with the benefit of a corporate structure. The key benefit is that a company is a separate entity and the liability of the shareholders is limited to their capital contribution (typically a nominal amount). That is, if the underlying business fails then the debts remain those of the company, not the directors or shareholders (exceptions for failure to pay super, PAYG, etc).
In theory, that sounds almost too good to be true! The reality is a little different.
by legal | Jul 17, 2019 | Uncategorized
Wow, a higher court makes a commercially sensible decision, even in the face of technical legal arguments (and overturns the lower court’s decision)! There is the principle in trademark law of “use it or lose it”. If a mark is simply languishing on the...
by legal | Jun 24, 2019 | Uncategorized
An off the cliff risk of 3PL Risk of trading on Credit Any trader who supplies product on credit and has been in business for a decent length of time will know the pain of a customer going bankrupt and the consequent inability to be paid for products delivered (and...
by legal | May 30, 2019 | Uncategorized
Copyright – ownership of key designs Many businesses will have key copyright works that are central to their operations. Perhaps the most central is a logo that identifies their brand or is otherwise a key part of their business. Think the Nike swoosh logo or the...
by legal | May 30, 2019 | Uncategorized
Her Fashion Box – an ethical, legal and commercial disaster The tale of Her Fashion Box Pty Ltd (HFB) is a 101 about how not to operate a fashion start-up, and, how not to treat employees. Her Fashion Box Pty Ltd sold fashion and beauty accessories to consumers via an...
by legal | Mar 11, 2019 | Uncategorized
Copyright in fabrics A recent Federal Court case examined the breach of copyright in fabric designs (in the case, the design being applied to quilt covers and pillow cases). The Dempsey Group Pty Ltd (“Dempsey”), originally designed three unique fabric patterns, and...
