An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 17 July 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.
The first Australian Trade Marks Act (1905) commenced on 2 July 1906. Prior to this date the youthful Australia had a series of state based registration systems for trade marks, which were effectively superceded by this Commonwealth Act. The very first Australian Trade Mark application made under the new, unifying Australian Act was Trade Mark …
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An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 18 July 2014.
An Australian Trademark Opposition Round-Up from the Trade Mark Office Journal dated 26 June 2014. If you wish to oppose the registration of trade marks of others, or if your own applications have been opposed by third parties, please contact us.
Phillips Ormonde Fitzpatrick joins our client, Peter Philip, to celebrate a win in a trade mark opposition brought by SABMiller India Limited against Mr Philip’s Australian trade mark application for WAYWARD, covering beer in class 32. Mr Philip is a micro-brewer, who started his business in the inner-west of Sydney in 2012. Mr Philip has …
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An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 3 July and 10 July 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.
Terminating an intellectual property (IP) agreement can be more complex than terminating more common commercial contracts. IP contracts deal with property – intellectual property. Thus the question arises as to what is to happen to that intellectual property upon termination. The agreement itself should provide for this or, if it does not do so explicitly, …
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An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the period of 30 June to 11 July 2014.
The Australian Designs Act 2003 provides a broad definition of the types of products for which design registration is available. Nevertheless, one area of uncertainty has been whether electronic display screen images are suitable subject matter for design registration and certification. Because of this uncertainty, there are numerous registrations on the Australian designs register for …
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For designers in a fast moving field such as fashion, there is a fine line between following market trends and infringing a market leader’s copyright. A recent case in the Australian Federal Court demonstrates how easy it is to fall onto the wrong side of the line. The case was Seafolly Pty Ltd v Fewstone …
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