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A grape result – exporter of copycat Penfolds wines ordered to pay
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?
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?
Two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks serve as cautionary tales for all businesses. ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. Law ...
From Budapest to Wellington – Patents for microorganisms in New Zealand
New Zealand recently acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), which came into force in New Zealand on 17 March 2019. Managing ...
Significant fee changes for patents and trade marks are coming in New Zealand
On 2 April 2019, the Intellectual Property Office of New Zealand (IPONZ) announced a number of patent and trade mark fee changes that will take effect later in 2019. The changes will result in a significant increase in official fees ...
The EU Copyright Directive – still more questions than answers
Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European ...
I like it [trade marked] like that, OKURRR?
American rapper Cardi B brought trade mark law into news headlines recently when the rapper's company, Washpoppin Inc., lodged trade mark applications in the US for 'OKURRR'. What is OKURRR, and why are these trade mark applications making ...
Imitation is not always the sincerest form of flattery
The decision of Jim Beam Brands Co v Donald and Christine Crowden [2019] ATMO 21 sends a clear warning to traders wishing to adopt trade marks that essentially replicate well-known marks, while also confirming the rights vested in a ...
What do the Swiss and artificial sweetener have to do with patents?
The recent Federal Court decision in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28 deals with fascinating issues for patentees seeking to enforce Swiss-style claims against makers of bioequivalent products. Senior Associate ...