Actress Mischa Barton’s company has won the right to trade mark her name, signature and logo in Australia after a two and half year battle withan Australian hand bag company.
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No Copyright in White and Yellow Pages
The Full Court of the Federal Court in Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCAFC 149 (15 December 2010) held that there was no copyright in either of Telstra’s White or Yellow Pages.
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Whiskey War ends with wild geese triumph
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 [...]
Click here to see the full post Beware of trap purchase pitfalls
Evidence of representations made during a trap purchase may be crucial in proving passing off or misleading and deceptive conduct.
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Federal Court rekindles patent opposition obviousness
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’s recipe for success
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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Revision of Divisional Practice
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.
Click here to see the full post Australian Federal Police tackles organised counterfeiting
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.
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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 Forever Young Trade Mark Lives On
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”.
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