Designs

Cloudy ownership of rainwater tanks

In Courier Pete Pty Ltd v Metroll Queensland Pty Ltd [2010] FCA 735 Metroll, a rainwater tank manufacturer, was unsuccessful in its claim that it was the person entitled to be registered as the owner of registered designs for new rainwater tanks. The designer and the designs Mr Collymore was the factory foreman of Metroll’s [...]

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Legal-Services

And then we were one…NZ & Australian courts move closer

In November 2009 the Australia Government introduced legislation implementing the Agreement between Australia and New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. The Trans-Tasman Proceedings Bill 2010 was passed by both Houses of the Australian Parliament and is now awaiting Royal Assent. The New Zealand Government introduced parallel legislation on 24 November 2009. The [...]

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Trademarks

Beware of unsolicited “renewal” notices

The Australian Competition and Consumer Commission has issued a timely reminder that trade mark and domain name owners should exercise caution before paying what appear to be renewal notices. There are a growing number of services issuing documents that look like invoices for listing registrations in registers that offer no benefit to owners. Recipients of such notices [...]

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Designs

Designs defined by prior art

Technicon has been unsuccessful in its appeal against the decision of Cowdry J reported here in which the trial judge found that Technicon had infringed Caroma’s registered design. The Full Court decision in Technicon Industries Pty Ltd v Caroma Industries Ltd [2009] FCAFC 76 largely affirms the reasoning at first instance and in doing so gives approval to what appears [...]

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