The decision of the Federal Court in Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39 illustrates that the discretion to retain a trade mark on the Register, where a prima facie case for removal for non-use has been made out, may be exercised where there is a possibility of public confusion if [...]
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Evidence of representations made during a trap purchase may be crucial in proving passing off or misleading and deceptive conduct.
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As noted previously, the decision in Austal Ships v Stena regarding the evidentiary onus placed on an opponent has made establishing lack of inventive step as part of a patent opposition very difficult. However, the recent decision in Aspirating IP Limited v Vision Systems Limited [2010] FCA 1061 appears to have breathed new life into [...]
Click here to see the full post Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.
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IP Australia is currently implementing changes to the way in which it handles divisional patent applications. The intention of the changes is to reduce delays in achieving resolution (acceptance or refusal) of divisional applications.
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On 14 September 2010, the Australian Federal Police (AFP) carried out raids targeting the distribution of counterfeit goods. These raids were the result of coordinated efforts with Customs.
Click here to see the full post Nature’s Blend, owner of the trade mark LUSCIOUS LIPS, has failed in its appeal to the Full Federal Court against a finding of non-infringement by Nestlé in Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117.
Click here to see the full post In Eurark LLC v Planet Health Pty Limited [2010] ATMO 75 Eurark successfully defended an action by Planet Health for removal of its trade mark FOREVER YOUNG on the basis of nonuse. The trade mark was registered in respect of “cosmetics, namely cellular moisturizing creams, lotions and gels”.
Click here to see the full post The European Commission released its latest statistics for goods suspected of infringing intellectual property rights intercepted in 2009 by EU Customs. The most frequently detained articles include cigarettes (19%), labels (13%) and medicines (10%). As in Australia, more and more of the products detained by customs are consumer goods and not just luxury goods like [...]
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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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