This article will looks back on some of the key developments that occurred in the franchising sector in 2024, offering a reminder of changes and developments that occurred and foreshadowing what franchise businesses can expect in this coming year.

Scam emails from senders purporting to be Trade Mark Attorneys from “Trademark Registry Hub” or “Patents Registry Hub” are currently circulating with a number of our client’s reportedly receiving the same communication. These emails can be concerning and convincing. Here’s what to do.

It is reported that Rachael Gunn (better known as ‘Raygun’) who represented Australia in Break Dancing at this year’s Olympics in Paris has sent a letter of demand to Steph Broadbridge alleging potential infringements of her unregistered trade marks and copyright should Ms Broadbridge perform her musical ‘Raygun: The Musical’. The musical was set to be performed on Saturday, but was pulled following Raygun’s letter of demand.

“This case is an unfortunate one in the sense that two enterprising women in different countries each adopted their name as a trade mark at a time that each was unaware of the existence of the other.”

Receiving a letter of demand alleging copyright infringement can be daunting. However, allegations of infringement should not be ignored, so as not to be exposed to significant additional damages. A recent decision from the Federal Court highlights the importance of acknowledging such demands.

On Thursday 16 November 2023, the Federal Court handed down the decision McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 (McD) where it was held the trade mark ‘BIG JACK’ and ‘MEGA JACK’ were not deceptively similar to McDonald’s registered trade marks ‘BIG MAC’ and ‘MEGA MAC’.