Microsoft word - february 2006 newsletter.doc

The information in this newsletter is merely a guide and is not a full explanation of the law. This firm cannot take responsibility forany action readers take based on this information. When making decisions that could affect your legal rights, please contact us for Have you resolved to get fit and healthy? The Office of Fair Trading (OFT) is urging Queenslanders to do their homework before conditions for paying gym fees, note when • the administration fee, which applies payments are due, what fees are involved, and how the agreement can be terminated or “If you have signed a contract for a gym enough funds in your account to cover the membership, remember under the Fair Trading (Code of Practice – Fitness Industry) Regulation 2003, you can cancel the contract research,” a Fair Trading spokesman said.
within the 48-hour cooling-off period if you “Take the time to read through all the terms searching for the best gym or weight loss have second thoughts,” the spokesman said.
and conditions, including the fine print, and A case in point. ugg bootsand trade marks The iconic Australian ugg boot is at the centre of arecent case before Australia’s trade mark regulatorybody – IP Australia.
disabilitiesThe Disability Services Bill 2005, introduced into State Parliament recently, aims to strengthen the Pie in the sky awardsThe Australian Securities and Investment Bankruptcy Act, Findlaw News reports.
legitimate relief (and) to give bankrupts Commission (ASIC) has released a who’s who list of some breathing space to get back on their the most outrageous and far-fetched financial scamsof the year.
bankrupts all over Australia who had failed Anti-hooning lawsOver 2,000 cars have been impounded since the to comply with their legal obligations, such introduction of Queensland’s anti-hooning laws three as the requirement to file their Statement of subsequently realised,” Mr Hanley said.
Teen takes action against mum forgiving pets away bankrupts who exploit the well-intentioned A family feud has ended with a 19-year-old pressing charges against her mother for giving her pets away.
court hearing a creditor’s petition, the bankrupt has 14 days to complete and file a behaviour such as this, it investigates the medicationsCustomers purchasing medication containing matter and pursues the offender to the full pseudoephedrine from pharmacies may now be financial and personal particulars. Penalties that can be imposed for breaches of the Act Smoking laws hit retailersTobacco retailers now face tighter restrictions on investigated 536 individuals for criminal cigarette product displays and harsher penalties for bonds through to terms of imprisonment.
selling cigarettes to minors under the latest phase ofQueensland’s anti-smoking laws.
others warned of the consequences of their investigation, Jeff Hanley, said ITSA’s “This year we are expecting to deal with A company who sacked a woman for wearing high insolvency system that produced equitable a much higher number”, Mr Hanley said.
heels has been ordered to give the woman her jobback.
outcomes for debtors and creditors, enjoyed newsletter of the law, February 2006 a case in point . . . ugg boots and trade marks Who would have thought the humble ugg boot could be the subject of suchscrutiny? A recent decision by Australia’s trade mark regulatory body has removedthe term ‘ugg boot’ from the register of trademarks and will allow Australianmanufacturers and retailers the right to call sheepskin boots ‘ugg boots’.
Background
The term ‘ugh-boots’ was registered as a the terms ‘ugh’, ‘ugh boots’ (with no sheepskin boot and are the first and most trade mark in Australia in 1971. ‘Ugh’ was hyphen), ‘ugg’, ‘Ugg Australia’, or ‘ugg registered by the same owner in 1982. Both goods.” He also concluded the terms are registered trade mark in Australia within improper motive to describe the boots.
mark ‘ugh-boots’ was registered and the registering a trade mark, the Register of hyphen was essential to its identity as a Outdoor Corporation) allegedly threatened to advertisement included as evidence did not take legal action against Australian exporters use that particular registered trade mark boots using the terms ‘ugg’ or ‘ugh’ as filed an application under s92 of the Trade Court by the opponent, the trade mark will Marks Act 1995 with IP Australia – the registered trade mark ‘ugh-boot’. The Federal Government agency responsible for granting rights in patents, trade marks and the hyphen in the trade mark ‘ugh-boot’ Implications
designs – requesting the removal of the trade mark, claiming that the registered trade mark Australian manufacturers and retailers of 30 November 2000 until 30 November 2003.
have the right to call the boots ‘uggs’, if Decision
ground for opposition that the trade mark States, as trade mark laws are national laws had been used within the period in question.
Australia within the three-year period.
trade marks within their own jurisdiction.
Section 92 of the Trade Marks Act 1995, relates to the application for removal of a that the terms ‘ugh boot(s)’, ‘ug boot(s)’ seek legal advice from your solicitor.
trade mark from the Register of Trade Marks.
and ‘ugg boot(s)’ are interchangeably Legislation has been introduced into State Parliament to strengthen and safeguard the • the right to receive disability services Bill focused on recognising human rights, to improve the quality of disability services across Queensland, acknowledge the rights of people with a disability – including promoting their inclusion in the life of the since Queensland first enacted disability community – and to ensure that disability have a disability, according to the latest services funded by the department are safe, available Australian Bureau of Statistics Queensland in 1999,” Mr Pitt said.
“The existing Disability Services Act it needed to investigate instances of abuse, legislation retained the existing rights of participation and inclusion of people with a neglect, or exploitation of people with a disability in everyday life, but a review of newsletter of the law, February 2006 Do you want to make a killing on the share promised returns of up to 8 percent a week market? This stock is ready to explode – you can make a 280 percent return when “astronomical”. Investors were even issued the target price is reached (unfortunately, the stock never quite got there, closing the fictitious ‘International Investment and Why not turn $10,000 into $124,600 in Mr McKim was jailed in October 2005.
a single year by trading currency and US financial literacy research, 85 percent of guaranteed by the International Investment high risk, but some 47 percent would still share markets. ‘This stock’s ready to explode. It’s our hot pick this week.
something offering well above market rates winnings from a lottery supposedly set up under the will of the late Princess Diana.
‘unparalleled investment research’.
the purpose behind the awards was to warn riches, but with so many scams out there, which ones are this year’s award-winning “Pie-in-the-sky financial schemes still devastate far too many people, she said.
“They frequently use sophisticated props could easily be taken to the cleaners.
released its 2006 ‘Pie In The Sky’ awards (‘the PITS’), a who’s who list of the most quickly before the share price drops.
wealth seminars throughout Australia.
website, FIDO, at www.fido.asic.gov.au or raised $3.7 million. Over $2.1 million of over, obtained court orders, or identified those involved in court, please visit FIDO.
exists. It’s just another front set up to vehicles confiscated since these laws took effect. In the North Coast region there have introduction of Queensland’s anti-hooning number of vehicle confiscations, recording A 19-year-old is taking legal action against her mother for giving her pets away.
could have their car taken off the road for three months or even forfeited to the state and risk having your vehicle impounded,” after a third or subsequent offence.
were recorded in the South-East and North hoon offences on a second occasion in the college, her mother seized the opportunity past three years,” Ms Spence said. “Three offenders have been detected committing a third offence – one in each of the Ipswich, vehicle confiscation figures,” Ms Spence Police are investigating the charges, but targeting young drivers or car enthusiasts.
are hoping to settle the matter before it If you abide by the law, there is no reason why this legislation should affect you.” newsletter of the law, February 2006 Crack down on pseudoephedrine medications medications such as nasal decongestants and cold and flu medications sold at pharmacies (note: similar products sold in supermarkets medicines containing pseudoephedrine unless “We recognise the overwhelming majority genuine, therapeutic need for the medication.
of Queenslanders have a genuine therapeutic need for these medications,” he said.
medicines containing pseudoephedrine into grave concern for health regulators and law containing pseudoephedrine as ‘Pharmacist Tobacco retailers now face tighter display Mr Robertson said more than 3,000 tobacco restrictions and harsher penalties for selling retailers had been sent a “Selling Smoking cigarettes to minors under the latest phase of Products Information Kit”, including required The new legislation, which came into effect on December 31, will limit the size of cigarette product displays in retail outlets for the first time.
responsibilities under the new laws could contact Under the new laws, minors who pretend to the Tobacco Hotline on 1800 005 998.
An industrial tribunal in Brazil has ruled be the legal age to purchase cigarettes can also be “Enforcement of the new laws for tobacco retailing will start at the end of March 2006, after Health Minister Stephen Robertson said that a three-month education period,” Mr Robertson while pubs and clubs had been the most affected said. “This will give retailers time to adapt to the by smoking laws, tobacco retailers would be the new changes, however, I stress to retailers that Paulo reports that the company admitted previous laws still apply, particularly regarding particular emphasis on the sale and supply of secretary with the Planarc Company, solely “Tobacco retailers also need to be aware that, because she wore high heels to work.
if the same business is found to have repeated breaches of the new tobacco laws during the ‘education period’, this will result in an on-the- size of this display is one square metre for potentially costing the company money.
general retailers and three square metres The specialist Tobacco Control Investigation for tobacconists. Cigarette cartons cannot Team targets the illegal supply of smoking products to minors across the state by conducting restrictions. In addition, the purchase of surveillance of tobacco retail outlets.
company would have been within its rights There are currently 14 prosecutions pending to discipline the woman, it should not have for the illegal supply of smoking products to a child, including those as a result of surveillance falsely represent their age in order to be The new restrictions add to a busy past 12- months for tobacco laws in Queensland, as reported previously in the ‘Newsletter of the Law’. Other restrictions which came into effect • between the flags on all patrolled beaches; • within 10 metres of children’s playground • $10,500 fine for a first offence. Currently, • while standing within four metres of non- prohibit the supplier from selling tobacco your solicitor. If there is any issue you • at all sporting venues administered by the • $21,000 fine for a second offence.
Major Sports Facility Authority, including newsletter please call us. Also, if thereis anyone you know who would like to Currently, the fine is $10,500. A court can • $31,500 for a third or subsequent offence.
A court can also prohibit the supplier from continue receiving it please let thisfirm know and we will not send it to selling tobacco products for three years.
newsletter of the law, February 2006

Source: http://www.cmrlawyers.com.au/Feb_06.pdf