Nestle has lodged a Federal Court appeal against a recent Australian Trade Marks Office decision not to register its popular KIT KAT chocolate bar as a shape trade mark. The Registrar’s Delegate, Terry Williams found in favour of supermarket giant Aldi Stores who opposed the registration of Nestle’s four bar chocolate product pursuant to s.41, [...]
Click here to see the full post Trade Mark Application No 1241420 has recently been advertised as accepted in Australia. The trade mark consists of “a Eucalyptus Radiata scent” for golf tees and was accepted without the need for the applicant to file any evidence of use.
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The decision of the Delegate of the Commissioner of Patents in Cadbury Schweppes Pty Ltd v Wm. Wrigley Jr Company [2008] APO 20 provides an interesting counterpoint to the decision of Gyles J in Apotex v Sanofi-Aventis. The claims of the opposed application related to a method of coating comestibles (principally chewing gum), which included [...]
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The Australian Competition and Consumer Commission has shut down the ‘Designer Brand Outlet’ website. The ACCC alleged that false, misleading and deceptive representations were made on the website and that some of the clothes supplied were counterfeit copies. The ACCC release is here.
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It seems that the Federal Court is not the only one to take issue with the current conduct of IP litigation in Australia. The report of the Review of the National Innovation System “Venturous Australia – building strength in innovation” includes a section headed “The costs of enforcing IP rights”. The report’s solution to the [...]
Click here to see the full post As reported elsewhere , the High Court last Tuesday granted IceTV special leave to appeal against the Full Court’s finding that it had infringed Nine’s copyright in its TV schedule. The transcript of the special leave hearing is now available and makes for interesting reading. Gummow J gives some interesting clues as to how the [...]
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