151-160 of 183 results
No grounds for opposition for coffee merchants
Parties seeking to oppose (or defend an opposition to) a trade mark registration now have greater clarity over what constitutes use of a trade mark 'in the course of trade' thanks to a recent decision by the Federal Circuit Court of Australia. ...
Lorna Jane antivirus activewear claims don't workout
A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...
Designs amendment on the horizon: is this the saving grace for Australian designs?
The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...
Gaming: it's no game, in fact, it's big business
From Nintendo to esports, gaming has put on a masterclass, demonstrating how leveraging and protecting IP is a key companion to reaching audiences beyond the controller. ...
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...
Swiss claims and skinny labels: Full Federal Court considers infringement
An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...
Changes ongoing for product liability and compliance during COVID-19
Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...
Product safety priorities — the ACCC's focus for 2020
The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
From Notepads to iPads – copyright protection in a digital world
With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...