231-240 of 267 results
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. ...
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 ...
Fighting to protect Fintech innovations
The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...
Is it finally safe to eat frozen berries?
The frozen berries contamination scare that unfolded in 2015 and its 2017 repeat has exposed a regulatory gap at the Australian border. That incident has prompted the introduction of the Imported Food Control Amendment Bill 2017 which, if enacted, will amend the Imported Food Control Act 1992 (Cth). ...
The Mark of Milk and Money: a2 vs Lion
The widely reported dispute between The a2 Milk Company and Lion about their milk advertising is proving to be a frothy fight, providing food manufacturers with valuable lessons, even before a judgment has been handed down. ...
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Make sure your IP doesn't end up in the bin!
A recent Australian Patent Office decision is a salient reminder to carefully assess the contribution of all those involved in design projects, so as to identify who is an inventor. Failure to do so can have serious consequences down the track, affecting the ownership of an invention and the ability ...
Brace for the Twitterstorm – US appeals court to decide whether embedded Tweets infringed copyright
A US district court judge has found that several online publishers infringed copyright when they embedded Tweets featuring a photograph protected by copyright. The decision has now been appealed, and could have far-reaching consequences for online media outlets. ...