51-60 of 188 results

Troubled waters
Insight 17 Dec 2018

It can be troubled waters all round when an offshore giant attempts to take on a longstanding local user of a mark. ...

Holey Moley guacamole!
Insight 28 Aug 2019

Owners of the popular Aussie mini-golf business Holey Moley Golf Club have taken NBA superstar Steph Curry's new US TV show to court for trade mark infringement, in a Happy Gilmore-esque battle for the ages. ...

Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
Insight 28 Aug 2019

The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...

A positive result for diagnostic method patents in Australia
Insight 28 Aug 2018

In the highly anticipated decision Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011, the Federal Court has confirmed that diagnostic methods remain patent-eligible subject matter in Australia … at least for now.  ...

The ACCC looking to the future – what is a 'representation with respect to a future matter'?
Insight 28 Aug 2019

After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged that misleading representations were made with respect to future matters. ...

Strengthening protection of Indigenous Culture and Intellectual Property
Insight 28 Aug 2019

Art is an incredibly important part of Indigenous culture, but the protections afforded by existing intellectual property and consumer protection laws have at times proven inadequate and poorly adapted to protect Indigenous rights. ...

Meat marks update
Insight 17 Dec 2018

Two recent trade mark disputes in the meat industry illustrate that even where marks share similar elements, they are unlikely to be deceptively similar if the overall impression created by each mark is substantially different. ...

Unity of porpoise means no mere aqua-escence in latest Trident decision
Insight 12 Aug 2019

The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of ...

Use of your own name must be in good faith
Insight 12 Aug 2019

Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. Managing Associate Alison Beaumer and Associate Elliott Burton review the Federal Court's decision in ...

Sportsbet takes punt on descriptive mark
Insight 24 Jul 2019

The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade marks. ...

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