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  • 24-Jul-2014 14:42 | Anonymous

    As the fashion industry deliberates over what colour is the new black for the seasons to come, the next colour that is the subject of a trade mark registration dispute is here! 

    It seems only yesterday that the colour 'purple' trade mark litigation disputes were settled when Cadbury UK Ltd and Mars Australia Pty Ltd were successful in obtaining trade mark protection for their particular shades of purple.  Now, it seems an era over the colour 'yellow' may be gaining momentum with Telstra reportedly seeking leave to appeal the recent decision of the Federal Court, which arises from a recent Federal Court decision that Telstra had no rights to registering the colour 'yellow' as a trade mark. 

    This article provides a snapshot of the battle between Telstra Corporation Limited (Telstra) and Phone Directories Company Australia Pty Ltd (Phone Directories) by limiting it to the colour 'yellow' trade mark registration.

    Timeline of the Dispute

    The timeline of this decision can be summarised as follows:

    The registration and use of the colour yellow

    Telstra has applied to register the word 'yellow' as a trade mark in broad classes of goods and services including telephone directories.  During the course of the proceedings, Telstra had provided extensive evidence that it has used the colour yellow in published materials, in its website and mobile app directories and it supported all of its directories with a huge amount of yellow themed marketing under the 'yellow' trade marks and Yellow Pages trade marks.

    Court's Decision on the colour 'Yellow'

    Justice Bernard Murphy held that “the yellow mark has no inherent adaptability to distinguish Telstra’s designated goods and services from the goods or services of other persons." 

    Furthermore, the Court held that despite Telstra acquiring a secondary reputation in yellow, the association between the colour yellow and Telstra or its directories in the minds of consumers was not strong.  This was based on matters including the following, which is not intended to be exhaustive:

    Evidence was provided to the effect that yellow was descriptive and commonly used for business directories internationally.  The Court considered that it demonstrated that Telstra followed an international trend to adopt the colour yellow.

    The yellow trade mark had no inherent adaptation to distinguish the designated goods and services from other goods and services.

    The colour yellow was not distinctive as Telstra had not limited its use of the colour yellow to an unusual shade of yellow.

    What this means for business

    This case illustrates the value that companies place on protecting their brand and brand recognition.  Despite, Telstra being unsuccessful in this instance, it is established law that a trade mark may be registered for things other than words and logos.  Trade mark protection also covers sounds, shapes and colours in limited circumstances.  By using the colour purple as an example:

    Cadbury was unable to register the general colour purple but was successful in registering a specific shade of purple as a trade mark on the packaging for block chocolate and boxed chocolate. 

    Mars group was successful in registering the colour purple for cat food as its colour purple was invented for specifically for the Whiskas cat food range.

    Brendon Noney                                                                Dorota Bryks

    Partner                                                                               Associate

    HWL Ebsworth Lawyers                                                HWL Ebsworth Lawyers

  • 24-Jul-2014 11:43 | Anonymous

    Blacktown City Council and the University of Western Sydney (UWS) will carry out exploratory research on the state of manufacturing in Blacktown.


    Manufacturing in Blacktown is the most productive part of the local economy. It makes up 16.3% of the total Gross Regional Product. It employs 13,100 people, an equivalent to 12% of the total workforce in Blacktown.


    The research to be done by UWS will assess a range of manufacturing sectors to identify which are most impacted by globalisation. It will then look at manufacturers and their ability to transition towards “advanced manufacturing” practices and the steps needed to achieve it.


    Small business is an important focus of the research with close to eighty per cent of all manufacturers in Blacktown classified as a small business.


    Manufacturing is a critical part of the Blacktown economy, said a Council spokesperson.  It is important to conduct this research to see what we could do as Council to help our manufacturers compete and where needed, transition to more modern practices.


    Manufacturers who would like to be involved in this research can contact Council’s Economic Development Unit by calling (02) 9839 6233.  


  • 24-Jul-2014 11:00 | Anonymous

    Learn about the latest cloud based services and how they can benefit your business.


    Date: 24th September 2014
    Hosts: Moore Stephens Sydney, in conjunction with Western Sydney Business Connection


    XERO, Saasu, Reckon, MYOB, Workforce Guardian, Efficiency Leaders, Cerebiz, Nexon and BizCover


    The seminar is designed to be highly informative and educational, providing you with the information you need to make informed decisions about cloud products and services.


    Watch this space for further information!


    For more details, email

  • 24-Jul-2014 10:21 | Anonymous

    It's half time at ANZ Stadium with the best live sporting action still to come and we have a super-charged offer just for you!

    As a valued member of Western Sydney Business Connection, ANZ Stadium is delighted to present you this special and limited Membership offer, ideal for your colleagues, clients, family or friends.

    Score Sydney's best live sports Membership, where we put you right in the action of the exclusive Members' Reserve with a guaranteed seat:

    - Super Rugby Final^

    - NRL Grand Final

    - Bledisloe Cup

    - Juventus v A-League All Stars

    - T20 INTL Australia v South Africa

    - Swans & AFL Finals+

    - NRL Club games & Finals+

    We're talking a lot of sport. PLUS a host of benefits including exclusive offers, dining options and more! To top it off your Membership is fully transferable so they can be used across your business and personal network.

    Join as an ANZ Stadium Member for ONLY $725 & SAVE A HUGE $300 ON THE ONE-OFF JOINING FEE* (normally $1,250, now only $950).

    PLUS, buy four Memberships at the sale price and we'll give you the FIFTH FOR FREE! SAVING YOU $3,175.

    Don't miss out on your guaranteed seat to the best of 2014.

    APPLY NOW or find out more by calling 02 8765 2600 or visiting our website

    *Only $725 annual subscription + one-off joining fee reduced from $1,250 to $950. Offer valid until Friday 8 August 2014. ^Super Rugby Final is subject to Waratahs qualifying.  +AFL and NRL Finals subject to team qualifications. #Join by 12pm Friday 1 August to secure your Super Rugby Final ticket if confirmed on Saturday 2 August.

  • 24-Jul-2014 09:50 | Anonymous

    Western Sydney based businesses are in danger of missing out on an accounting revolution by failing to respond to the changes caused by digital disruption.

    In our recently released report, Harnessing the ‘bang’, stories from the digital frontline, Deloitte updated its analysis of the impact of digital disruption to show it is accelerating and affecting businesses large and small across Australia.

    In our view, the next 12 months will be a watershed for private businesses adapting to digital disruption.

    Recent research* shows 66% of businesses are still not using cloud technology. Many may not realise how much this technology has improved in the past few years and the positive impact it can have on how they run their business.

    Deloitte Private has heeded its own warnings about digital disruption of the professional services sector by redefining the way it delivers accounting and tax services, via the launch of Deloitte Private Connect.

    Time to embrace disruption

    It would have been easier in the short term to have done nothing and hoped for the best, but we decided to take a leadership position because we don’t want our clients to miss out on this revolution.  With Deloitte Private Connect we have positively embraced the disruption to the accounting and tax profession on account of cloud technologies and created an offering that transforms the way business owners experience accounting services.

    Deloitte Private Connect combines shared ledger accounting, automated bookkeeping and benchmarking, an online portal and dashboard as well as many other digital technologies, to redefine the way our private clients work with us, in real time, on any device.

    Every business owner dreams of spending less time in the business and more time on the business.

    Less time on day-to-day transactions, paying staff and suppliers and scrambling to balance the books. More time on the bigger picture and the things that helped them succeed in the first place. Until now, that's been easier said than done. Deloitte Private Connect is changing all that. It represents a fundamental shift in the accounting and tax function for our clients and for us.

    How does it work?

    We took a transformative approach to the design of Deloitte Private Connect, creating an ecosystem built around a family of business apps.  These apps automatically populate an interactive dashboard enabling business owners to quickly review key metrics in real time.  Based on the particular needs of their business, clients select from compatible apps conveniently grouped into simple categories such as staff, customers, marketing, product, money, etc.

    Core to Deloitte Private Connect are two apps:

    Transact automates bookkeeping. Invoices are digitally scanned and authorised for online payment while business owners digitally sign tax returns, approve BAS statements and year end accounts, raise queries and store documents securely online.


    Analyser enables business owners to access live financial reports and business analytics, including profitability, cash flow, growth and trend analysis. Key performance indicators can be customised, live ‘what-if’ analysis performed and alerts set up to keep on top of the metrics that matter.

    In a breakthrough for the professional services sector, Deloitte Private Connect is based on an online subscription payments model and fixed monthly fees.  We recognised that fixed monthly payments make it easier for our clients to manage their cash flow. We have adjusted our business model and workflow management accordingly, to provide our clients with certainty, as well as best in class services.

    We believe that Deloitte Private Connect sets a new benchmark for what individuals and family businesses should expect from their accountant; the best cloud technologies and the best of Deloitte at a compelling fixed, monthly price.  We are giving our clients what we know they want – real time to do what really matters to them. Real business in real-time.


    Michael Stibbard, Deloitte Partner

    (02) 9322 3510

    *Source: Cloud Computing in Australia, report by the Australian Communications and Media Authority.

  • 24-Jul-2014 08:40 | Anonymous

    Mayor’s Winter Sleep Out at Bella Vista Farm Park

    Help raise funds and awareness to support homeless people in The Hills.

    Event Details

     Where:    Bella Vista Farm - Elizabeth Macarthur Drive, Bella Vista
     When:  5pm Saturday 23 Aug 2014 to 9am Sunday 24 Aug 2014
     Closing date:  Friday 22 Aug 2014 12pm

    About this event

    Residents and business people from the Sydney Hills are invited to experience what it's like to sleep rough at the Mayor's Winter Sleep Out at Bella Vista Farm Park on Saturday August 23.

    Mayor Byrne has backed the initiative of the Community Foundation of North Western Sydney (The Foundation) which is seeking to raise money and awareness to support homeless people in The Hills.

    "Many residents are surprised to know that we do indeed have a problem with homelessness in the Sydney Hills," Mayor Byrne said. "It will certainly be a tough night for us out in the cold, but it's something I hope many people participate in."

    The Foundation's President Gailsusan Clarke said that women and children seeking crisis accommodation were most in need.

    "There are a lot of women and children that need accommodation as a result of domestic violence, often caused by drug and alcohol abuse," Ms Clarke said.

    "The Mayor's Winter Sleep Out is all about helping as many people as we can through funds raised on the night."

    One of the major drivers of the initiative, local businessman Jim Taggart, said that he was willing to have an uncomfortable evening for a good cause.

    "If I have to have a night of discomfort then it's a small price to pay to get the message out and to help people," Mr Taggart said.

    "I'm happy to be a part of this and I hope that the community really gets behind this and supports it by either coming on the night or making a donation."

    Two ways you can participate:

    You can sleep out in Bella Vista Farm’s historic packing shed for a tax deductible $200 donation – this offer is limited to the first 50 participants. 

    To really rough it, you can sleep outside the shed for a tax deductible $100 donation.

    Click Here to sponsor the Mayor Michelle Byrne


  • 23-Jul-2014 16:55 | Anonymous

    Every person has a story…

    Novotel Sydney Parramatta would like to introduce their newest and possibly most entertaining member of staff, Carl Herve, the hotel’s new Revenue Manager. Carl joins the hotel, with his passion for life, kind heart, humorous banter and musical talents.

    With an immense background in the hospitality industry and atlas of world knowledge, Carl has proven to be a resourceful asset to Novotel Sydney Parramatta. His interest in travel and hospitality began at a young age, while living in Africa with his parents and brothers until the age of 16 years old; however it was not until back in his home country, France that he explored the opportunities of the hospitality industry.

    Luckily enough for his career, France is also home to Accor, headquartered in Paris, the hotel group own, operate and franchise 3,600 hotels on 5 continents representing several diverse brands, from budget and economy lodgings to luxurious accommodation in exotic locations. This allowed for great career opportunities and it was at Novotel Caen France, where Carl’s training started as a Food and Beverage attendant before trying his hand at Reception in Ibis Marseille and Housekeeping department at Sequoia hotel, Paris, a 1000 room hotel.

    After studying, Carl landed his first contract with Sofitel Montpellier, a luxury brand under the Accor umbrella, working at Reception before moving onto Ibis Barking, London. During his time in London, he worked as a Team Leader in Front Office, Reservations and Revenue. It was at his time at Ibis, that his interest in Revenue, strategic planning and the operations behind the scenes started. This led him to his role as Director of Revenue at St Regis, French Polynesia, before back to Paris as a Cluster Revenue Manager for Marriott.

    However it was at the Marriott, France, where the story got even more exciting, as this is where his love story with Australia began. Carl met his lovely partner, Suzie, an Australian expat working in Reservations at the hotel and had been living in France for the past ten years. Back in Australia now and both working for Accor again, the couple patiently await the arrival of their first child.

    What more is there to the well travelled Revenue Manager; it would have to be his musical talents. Singing and performing from a young age, Carl has many memories and stories to tell his new child. During his travel, he has recorded music videos and performed in bars and clubs using his stage name ‘Frank Lukani’. He describes his most memorable experience to be his performance of Cold Play’s Viva La Vida in front of 6,000 patrons at Caen Stadium, France.

    From starting in the office at Novotel Sydney Parramatta, he has entertained with his random sing a longs, stories of his travel, abundance of delicious French crepes and a laugh you could probably hear echoing down Church Street. To experience and view his musical videos please visit ‘Frank Lukani Official’ on Facebook, Sound cloud and YouTube. Also make sure to check out his other creations, Novotel Sydney Parramatta’s Weekend escape package at

  • 23-Jul-2014 16:43 | Anonymous

    “Conference at PARKROYAL Parramatta this winter and take advantage of our all INCLUSIVE 

    $65.00 Winter Package which includes complimentary parking, data projector, free Wi-Fi and so much more.

    Speak with the most experienced Meetings and Events Team in Parramatta today on:  

    02 9685 0339 or email" 

    Offer valid until 31st August 2014.               

  • 23-Jul-2014 11:00 | Anonymous


    Approaches to capturing revenue & value in your business

    An Enterprising Partnerships Event

    Provided in cooperation with the University of Western Sydney and Western Sydney Business Connection

    Approaches to capturing revenue & value in your business is an innovative highly interactive event to increase your revenue by applying the practices of Business Model Innovation to your company. LEARN MORE

    As business leaders this workshop will enable you to:

    ?          Understand alternative approaches to increasing your revenue streams

    ?          Diversify your portfolio of innovation to include customer and business model innovation

    ?          Identify options for market positioning to engage value for your business

    ?          Deepen your understanding of disruptive trends and the impact on your sustainability

    ?          Reveal the embedded assumptions in your business

    ?          Look at how other companies are changing their business model to create and capture revenue and        value in declining traditional markets

    ?          Comprehend the trends and patterns of business in Australia

    Register here  Learn more

    Or call Frank directly on +61 414 392 323

    Professor Goran Roos sets the context of manufacturing and business in Australia. Frank Wyatt facilitates this highly interactive workshop involving you in generating solutions for your company.

    Provided in cooperation with the University of 

    Western Sydney and Western Sydney Business Connection 





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