Australian IP Litigation Round-Up 29 June 2012

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 29 June 2012.

In the past week, the following intellectual property cases were commenced in the week ending 29 June 2012:



File Number Applicant Respondent Type Status
NSD904/2012 Bayer Pharma Aktiengesellschaft Genentech, Inc Patents Originating application filed, first directions set for 24 July 2012
SYG1379/2012 Microsoft Corporation Graeme Orchard As Trustee for The Orchard Family Trust Trading As ‘Techro’ ABN 59 921 709 366 Copyright Application filed, first court date set for 30 July 2012
SYG1380/2012 Microsoft Corporations and Microsoft Pty Limited ACN 002 589 460 Shaozhuo Tan Trading as “Answer 750607” Trade Marks Application filed, first court date set for 25 July 2012
QUD311/2012 N & E Bowder Pty Ltd (ACN 097 150 742), Hay Queensland Pty Ltd (ACN 110 494 454) and Belmark Rural Pty Ltd (ACN 111 679 693) Australian Keg Company Pty Ltd (ACN 097 150 742) Patents Originating application filed, directions set for 31 July 2012
NSD875/2012 Trend Imports Pty Limited (ABN 50 087 277 512) Pw Imports Pty Limited (ABN 50 087 277 512) and Pw Retail Pty Ltd (ACN 128 572 574) Trade Marks Originating application filed, mention held on 27 June 2012, directions set for 20 July 2012.


In the past week, the following case developments occurred:


File Number Applicant Respondent Type Development
MLG560/2012 Rajan Basnet Shiva Prasad Thati & Rakesh Singh Karayat Trade Marks Discovery allowed in proceeding, new hearing date set for 13 February 2013.
VID423/2012 Denward Oaks Pty Ltd Caravans Australia Pty Ltd Trade Marks Interlocutory Hearing held, adjourned until further interlocutory hearing set for 30 July 2012, proceeding listed for trial commencing on 31 August 2012.
NSD752/2012 Bills Licensing Pty Ltd (ACN 115 442 656), Bills Restaurants Pty Ltd (ACN 002 116 298) and Mr William Ronald Granger Murdoch Books Pty Ltd (ACN 087 351 273) Copyright Further Directions set for 4 July 2012.Further to our reporting of NSD752/2012 Fairfax reported on this case on the 25 June 2012, click here to read the full article.
NSD709/2012 Samsung Electronics Australia Pty Limited (ACN 002 915 648) andSamsung Electronics Co. Limited Apple Inc., Apple Pty Limited (ACN 002 510 054) and Commissioner Of Patents Patents The court has ordered that this case be heard in conjunction with NSD1243/2011 (Apple’s case against Samsung), pursuant to rule 30.11 of the Federal Court Rules 2011. Also, the court ordered the notice of competency be heard at the same time as the application for review.


In the past week, the following cases were finalised:

File Number Applicant Respondent Type Outcome
VID404/2012 Mr Michael Shea Joseph Patterson Copyright Case Finalised – Granted/Allowed by Consent

Orders of the Court:

Respondent must produce a copy of the software and a list of any modifications made to the software between 1 February 2012 and 15 June 2012.

Respondent cannot destroy or modify any software program which is used to conduct business online

Applicant’s expert witness to provide an expert report to the court

SYG1018/2012 Phonographic Performance Company Of Australia Limited (ACN 000 680 704) Soho Workshop Pty Limited (ACN 096 016 590) Copyright Finalised – Dismissed by Consent
QUD232/2012 CPA Australia Ltd (ACN 008 392 452) Colin Adrian Edwards Trade Marks Finalised – Case Dismissed

Orders of the court:

Respondent must cease infringing the following registered trade marks:




using the designation “Certified Practising Accountant” and

using the designation “CPA”

Respondent must also return to the applicant all Public Practice Certificates

VID361/2012 J.C.’S Quality Foods Pty Ltd (ACN 073 318 957) Ege Fine Foods Australia Pty Ltd (ACN 060 882 297) Trade Marks Finalised – Discontinued/Withdrawn
NSD686/2012 Snack Foods Limited (ABN 92 007 130 501) Jane Elizabeth Spiller Trade Marks Finalised – Granted/Allowed by Consent

Orders of the Court:

Respondent permanently restrained from advertising, promoting, selling, offering to sell, supplying, offering to supply or distributing popcorn or any other snack foods with reference to the name “KETTLE CORN” or any other mark substantially identical or deceptively similar to the mark “KETTLE”

Respondent must destroy all popcorn and other snack food products and all marketing and promotional material containing any reference to “KETTLE CORN”

Respondent must cancel South Australian Business Name Registration BN04817928 for “KETTLE CORN”

Respondent must transfer the domain name registration for to the Applicant