Entrepreneur Richard Branson’s Virgin Enterprises Limited has won its latest Aussie trade mark stoush preventing registration of a VIRGIN logo trade mark for condoms in Virgin Enterprises Limited v Virgin International Pty Ltd [2010] ATMO 38. Virgin International Pty Ltd, an Australian company run by a husband and wife team, applied for registration of a [...]
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The Federal Court has today determined the damages payable as a result of the earlier finding (reported here) that the flute riff in the Men at Work song Down Under infringed copyright in the musical round known as Kookaburra. Interestingly, the decision of Jacobson J in Larrikin Music Publishing Pty Ltd v EMI Songs Australia [...]
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The U.S. Supreme Court today handed down its much awaited Bilski v Kappos decision. The decision is available here [PDF]. Bilski’s patent application was directed to the management of fixed bill energy contracts, in which consumers pay monthly prices for their future energy consumption in advance of winter based on their past energy use. The [...]
Click here to see the full post Food Channel Network (“Network”) has won the latest round in the ongoing legal battle over its FOOD CHANNEL (logo) trade mark. In Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, the Full Federal Court upheld Network’s appeal against a decision that its trade mark 967804 should not be registered on [...]
Click here to see the full post The Patents Bill will be re-introduced to the New Zealand Parliament today for its Second Reading. The Report of the Commerce Committee dated 30 March 2010, which includes recommended amendments to the Patents Bill will be debated and voted on by the House of Representatives. If the Bill receives its Second Reading, it will go [...]
Click here to see the full post The High Court has allowed Gallo’s appeal against a finding of non-use of its BAREFOOT trade mark in E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15, resulting in a finding that the trade mark is both valid and infringed by Lion Nathan’s “Barefoot Radler” beer. At first instance Gallo’s [...]
Click here to see the full post The company who introduced men to the wonders of Y-Front® underwear, has successfully prevented registration of the trade mark THROTTLE JOCKEY in Australia. In opposition proceedings before a Delegate of the Australian Trade Mark Registrar, Jockey International Inc argued registration of THROTTLE JOCKEY should be denied pursuant to s.60 of the Trade Marks Act 1995 [...]
Click here to see the full post The latest battle in the ongoing IP war between the owners of the INNER HEALTH PLUS and HEALTHPLUS trade marks has been decided in the High Court of Australia. Health World Pty Ltd, owner of the INNER HEALTH PLUS trade mark, successfully appealed the Federal Court’s ruling that it had no standing to seek rectification [...]
Click here to see the full post To help applicants comply with the standardised format, the IPONZ website incorporates an automatic reformatting function in the online trade mark application form. The specification of goods or services will be reformatted so that: Specifications should take the form of a single sentence commencing with a capital letter and ending in a full stop; The [...]
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In Richwood Creek Pty Ltd v Williams [2010] FCA 196 the Federal Court has reversed a decision of the Patent Office to uphold a patent opposition. The opposition was decided on the ground that the patent applicant alone was not entitled to the grant of a patent. Spender J disagreed that one of the inventors’ [...]
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