191-200 of 211 results
Meat marks update
Two recent trade mark disputes 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. ...
Troubled waters
A recent Federal Court decision demonstrates the difficulties large offshore food and beverage brands may encounter when attempting to enter the Australian market, particularly where there is a longstanding local user of the same or a similar mark ...
Albert Namatjira's family wins decades-long battle for compensation
The descendants of one of Australia's most well-known artists, Albert Namatjira, have finally received compensation for decades of missed royalties. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
Acquiring a business? How to 'transfer' social media accounts
Our IP team frequently assists with the sale or purchase of a business, advising on the scope of relevant IP to be transferred and how to transfer that IP ...
Nurofen maker in need of fast pain relief
Paracetamol manufacturer Hence Reckitt Benckiser has discovered that inaccurate and unbalanced comparative claims that don't reflect the overall picture can cause big headaches, even where those claims have some support. ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...