41-50 of 317 results
From Sleeping Giant to Awakening Giant – ANDHealth Report on the Australian Digital Health Sector
ANDHealth recently launched its detailed report on the state of the Australian digital health sector, The Awakening Giant: The Rise of Australia's Evidence-Based Digital Health Sector. In this Insight we summarise some of the key takeaways from the report, including key trends and challenges for the Australian market. ...
Microsoft's IP case goes out the window
The most recent decision regarding the six-year intellectual property dispute between Microsoft Corporation and computer retailer and wholesaler CPL serves as a warning about the importance of obtaining all appropriate licences when installing third party software. ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...
What's the dish on dishwashing trade marks?
The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Case of the 'x' – collaborations in the metaverse
The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...
In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...
The Full Federal Court has its say on authorisation of copyright infringement
The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...