1-10 of 202 results

Exhaustion of rights doctrine is now in Australia
Insight 15 Dec 2020

Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market. ...

Court calls last drinks on URBAN ALE trade mark
Insight 15 Dec 2020

Is URBAN ALE a distinctive trade mark? Would you consider the words URBAN PALE (displayed prominently on your stubby) to merely describe the type of beer? Are inner-city breweries 'cool', 'trendy' ...

RCEP: Australia signs largest free trade agreement in the world
Insight 15 Dec 2020

On 15 November 2020, Australia, China, Japan, Korea and New Zealand joined the Association of Southeast Asian Nations ( ASEAN ) to sign the Regional Comprehensive Economic Partnership ( RCEP ), ...

Escaping IP infringement of renowned handbag
Insight 15 Dec 2020

On 6 November 2020, Australian fashion label State of Escape Pty Ltd ( State of Escape ) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka Bags Pt ...

Removal of trade marks for non-use – a bittersweet end for "LIME"
Insight 15 Dec 2020

A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth). 1 The Taxiprop decisi ...

Who's the fairest of them all? Comparative advertising amongst cosmetic competitors
Insight 15 Dec 2020

In recent proceedings before the Federal Court, Allergan was unsuccessful in its claim for infringement of its registered BOTOX trade marks against Self Care. Allergan alleged that Self Care ...

Copyright in the Aboriginal flag
Insight 30 Oct 2020

A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...

A battle with Banksy
Insight 30 Oct 2020

Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...

Burger rivals in dispute with the lot
Insight 30 Oct 2020

McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 30 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...