War on copycats within the fashion industry

Many businesses face the threat of copycats.  Therefore, it is essential to be proactive and protect your business as much as possible.  State of Escape, the business behind the popular perforated neoprene tote bags, has had its fair share of copycats.  In a Q&A below, with Anita Brown of Phillips Ormonde Fitzpatrick, their business’ co-founder, …
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First Flex of revised Copyright Act “whack-a-mole” provisions

Since 2015, copyright holders have been able to seek injunctions against Internet Service Providers requiring them to block their customers from accessing sites which contain infringing content by way of Section 115A of Australia’s Copyright Act 1968.  These provisions, equivalents of which exist in a number of other jurisdictions, have been colloquially known as “whack-a-mole” …
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Redbubble gets caught by Pokémon

In Pokémon Company International, Inc. v Redbubble Ltd [2017] FCA 1541 the Applicant, who is responsible for the licensing of Pokémon related products, alleged that the Respondent had breached the Australian Consumer Law by making misleading and deceptive representations and also infringed its copyright in various Pokémon characters. Redbubble provides an online platform for artists …
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Australian Government supports phasing out of the innovation patent system

Today the Australian Government released its response to the Productivity Commission’s inquiry into Australia’s IP system.  Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, a recommendation that the Australian government has supported. An innovation patent requires a lower level of innovation than …
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Australian Government responds to the Productivity Commission’s inquiry into Australia’s IP system

The Australian Government has released its response to the Productivity Commission’s inquiry into Australia’s IP system.  The report may be found here. The Government has made a number of recommendations across Australia’s intellectual property system.  While the implementation of the recommendations will be some time away, some dramatic changes are proposed.   Perhaps the most significant …
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Intellectual Property Litigation Round-Up – 3 August 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 27 July to 31 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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Intellectual Property Litigation Round-Up – 20 July 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 13 July to 17 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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Intellectual Property Litigation Round-Up – 13 July 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 6 July to 10 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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Intellectual Property Litigation Round-Up – 06 July 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 29 June to 3 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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