161-170 of 295 results
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
Unity of porpoise means no mere aqua-escence in latest Trident decision
The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of establishing authorised use of a trade mark by companies within the same corporate group ...
Sportsbet takes punt on descriptive mark
The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade marks. ...
Diagnostic methods remain patentable in Australia
The Federal Court has confirmed diagnostic methods remain patent-eligible subject matter in Australia. The Court's highly anticipated decision in the Sequenom case provides a strong impetus for innovators to continue to develop new diagnostic methods in the important field of biotechnology. ...
Stylkea – a bad idea?
This Insight considers two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks which serve as cautionary tales for all businesses. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...
Licence to infringe: Patent Office grants Sandoz licence to exploit Lexapro® patent
In the latest chapter of one the longest-running sagas in Australian patent litigation history, the Deputy Commissioner of Patents has retrospectively granted Sandoz a licence to exploit Lundbeck's patent for its blockbuster antidepressant Lexapro® (escitalopram). The licence, only the second of its kind to be granted in Australia, provides Sandoz with a defence to Lundbeck's multi-million dollar infringement claim. ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...
IP insurance: are you sure it's too expensive?
IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...
What do the Swiss and artificial sweetener have to do with patents?
The recent Federal Court decision in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28 deals with fascinating issues for patentees seeking to enforce Swiss-style claims against makers of bioequivalent products. ...