151-160 of 299 results
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
Fonterra v Vitasoy: Turns out you really can grow milk
The Registrar's recent decision in Fonterra Co-Operative Group Limited v Vitasoy International Singapore Pte Ltd reaffirms an assumption of level-headedness in the average consumer, capable of identifying and embracing the spirit of trade marks containing connotations rather than being misled ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
IPONZ fee changes – how you can save on patent and trade mark fees
On 13 February 2020, official patent fees will significantly increase in New Zealand, while certain trade mark fees are set to decrease. Associate Claire Gregg outlines the new fee structure and potential ways to save. ...
Ultra Tune's small victory in Franchising Code case
Earlier this year, InIP reported on a case brought by the ACCC alleging various breaches of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). Ultra Tune Australia Pty Ltd (Ultra Tune) was found to have committed numerous breaches of the Franchising Code. ...
What does patentable subject matter Encompass for computer-implemented inventions in Australia?
In a highly anticipated decision, the Full Bench of the Australian Federal Court recently dismissed the appeal in Encompass Corporation v InfoTrack. Despite the opportunity to clarify the scope of patentability of computer-implemented inventions, the question of what encompasses patentable subject matter remains open. ...
A change is gonna come: new .au domain name licensing rules
au Domain Administration Ltd, (administrator and self regulatory policy body for the .au ccTLD) has released its draft licencing rules with proposed changes limiting the eligibility for non-Australian entities. ...
Parmesan by any other name: geographical indications loom large for Australian businesses
Australian businesses may have to change the names of a range of food, drinks and agricultural products after the EU asked Australia to protect a list of hundreds of names under the proposed Australia-EU Free Trade Agreement (A-EU FTA). ...
Would parmesan by any other name smell as sweet?
The deadline is approaching to lodge an objection to the proposed geographical indications in the Australia-EU Free Trade Agreement. ...