Australian IP Litigation Round-Up 6 July 2012

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 6 July 2012.

In the past week, the following intellectual property cases were commenced in the week ending 6 July 2012:

 

 

File Number Applicant Respondent Type Status
NSD936/2012 Merck Sharp & Dohme (Australia) Pty Ltd (ACN 000 173 508) and MERCK SHARP & DOHME CORP Apotex Pty Ltd (ACN 096 916 148) Not defined Originating application filed, first directions set for 9 July 2012
VID446/2012 Ed Oates Pty Ltd (ACN 004 329 462) Edgar Edmondson Imports Pty Ltd (ACN 002 921 888) Designs Originating application filed, first directions set for 27 July 2012
VID447/2012 European Cuisine Of Australia Pty Ltd Alison Maree Alexander Trade Marks Originating application filed, first directions set for 27 July 2012
VID450/2012 POWERBOX AG Global Power Brands International Pty Ltd Infringement Originating application filed, Scheduling conference set for 3 August 2012
NSD961/2012 Origin Olives Australasia Pty Ltd (ACN 101 305 088) Not defined Originating application filed, Scheduling conference set for 29 August 2012

 

 

In the past week, the following case developments occurred:

File Number Applicant Respondent Type Development
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 Respondent to file and serve its defence by 18 July 2012, further direction set for 23 July 2012 

 

VID362/2012 CMA CONTRACTING PTY LTD (ACN 050 192 517) Liberty Industrial Pty Ltd (ACN 147 758 487), Liberty Holdings Pty Ltd (ACN 131 348 215), Clinton Matthew Dick and Simon Paul Gill Copyright Scheduling conference held, hearing set for 10 October 2012
VID368/2012 Nomadic Solutions Pty Ltd (ACN 128 363 575) Able Hardware Pty Ltd (ACN 128 363 575) and Bao Shen Zheng Design Scheduling conference held on 27 June 2012Outcome:

Applicant to file a schedule identifying the facts and matters relied upon in relation to the alleged importation; the schedule should identify the allegedly infringing products, to whom the products were allegedly sold, at what price the products were sold, the quantity of products and the date on which each of these event occurred

The court referred the proceeding to mediation, the outcome of which is to be reported to the court by 18 September 2012.

In the past week, the following cases were finalised:

File Number Applicant Respondent Type Outcome
NSD692/2012 Credit Corp Collections Pty Limited (ACN 096 930 568),  CREDIT CORP GROUP LIMITED and Credit Corp Services Pty Limited (ACN 082 928 872) Credit Corp Mediation Pty Limited (ACN 140 119 240) Trade Marks Case Finalised – Application Dismissed