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Not quiet on the WESTON front – estate agency mark still valid despite rebranding

Trade marks – non-use application – limited use following rebranding – website redirection and promotion of the fact of the rebranding sufficient – infringement – “own name” defence – whether good faith use of own name
Contracts – whether substantial rebranding by a franchisor a repudiation of franchise agreement

Characterising interests in funds paid into Court – PPSA security interests or not?

While courts have long wrestled with the proper characterisation of parties’ interests in money paid into court, the journey of judicial interpretation of the PPSA has only just begun. In Dura the Victorian Court of Appeal considered whether payments into court gave rise to security interests for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).

Potent antidote to denial: at behest of liquidators, court declares insurer must indemnify directors

Liquidators brought action against company directors under s 588M(2) of Corporations Act 2001 (Cth) – Liquidators sought to join third party insurer after insurer denied liability – Supreme Court had jurisdiction to grant declaratory relief on liquidators’ application – Meaning of justiciable controversy