31-40 of 293 results

What's the dish on dishwashing trade marks?
Insight 28 Oct 2022

The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...

Lindt wins against Lidl over chocolate bunnies in Switzerland
Insight 28 Oct 2022

The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...

Do the Corner's trade marks live up to their reputation?
Insight 28 Oct 2022

Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...

Case of the 'x' – collaborations in the metaverse
Insight 06 Sep 2022

The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...

In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
Insight 01 Sep 2022

The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...

The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
Insight 01 Sep 2022

The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...

The Full Federal Court has its say on authorisation of copyright infringement
Insight 01 Sep 2022

The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...

The Federal Court rules that bossy letters to Boss' customers are misleading but not threatening
Insight 01 Sep 2022

The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...

Treasury Wine secures important court win in China to protect Penfolds brand
Insight 01 Sep 2022

A subsidiary of Treasury Wine Estates (TWE) has succeeded in a claim against a trader operating in China (East Bright Sunshine) to protect the Penfolds brand. This will be a welcome result for brands looking to enforce their rights against infringers in China. Brand owners should consider their trade mark protection and enforcement strategies in China. ...

Australia rules on patents for computer-implemented inventions
Insight 29 Aug 2022

The High Court of Australia has grappled with the question of when a computer-implemented invention is patentable. Unfortunately, for technology owners and implementers in this space, the bench was split evenly. By a technicality, the case (Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29) was decided against the patentee. In this Insight we unpack the two High Court opinions and how these approaches compare to recent case law and Patent Office practice. ...

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