31-40 of 166 results

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. ...

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 ...

Will the Australian food regulator change its tuna?
Insight 12 Aug 2019

From milk to meat and from chicken to tuna, the global animal-based food industry has been asking 'what's in a name?' in the context of the policy debate over the regulation of vegan alternatives t ...

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 ...

Diagnostic methods remain patentable in Australia
Insight 15 Jul 2019

In good news for biotech innovators, the Federal Court has confirmed diagnostic methods remain patent-eligible subject matter in Australia. The Federal Court's highly anticipated decision in ...

Global trade mark update
Insight 25 Jun 2019

There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...

Licence to infringe: Patent Office grants Sandoz licence to exploit Lexapro® patent
Insight 25 Jun 2019

In the latest chapter of one the longest-running sagas in Australian patent litigation history, the Deputy Commissioner of Patents has retrospectively granted Sandoz a licence to exploit Lundbeck's patent for its blockbuster antidepressant Lexapro® (escitalopram). The licence, only the second of its kind to be granted in Australia, provides Sandoz with a defence to Lundbeck's multi-million dollar infringement claim. ...

A grape result – exporter of copycat Penfolds wines ordered to pay
Insight 25 Jun 2019

Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...

IP insurance: are you sure it's too expensive?
Insight 25 Jun 2019

IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...

Stylkea – a bad idea?
Insight 25 Jun 2019

Two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks serve as cautionary tales for all businesses. ...

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