Better Beer Co, the brainchild of The Inspired Unemployed and Torquay Beverage Co Pty Ltd, has prevailed in a dispute against Brick Lane Brewing over its carb-free beverage branded Better Beer. Brick Lane Brewing commenced proceedings against Better Beer in 2021 alleging that the promotion and sale of Better Beer in a get-up similar to …
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The High Court’s recent decision in Realestate.com.au v Hardingham[1] has reversed the Full Court’s majority decision[2] and, in doing so, highlighted the importance of ensuring agreements are reflected in writing. BackgroundHardingham and his company Real Estate Marketing Australia Pty Ltd (Hardingham) were engaged by real estate agencies over the phone to take photographs and produce …
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Steinlager markets itself as New Zealand’s finest beer, but its foray into a Japanese style frothie fell a little flat after a trade mark challenge from Asahi Beverages. Lion NZ Ltd launched TOKYO DRY, as part of its Steinlager range in NZ in November 2016. For those beer lovers among us, the brew was described …
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A recent Australian Designs Office decision highlights the potential importance of including a Statement of Newness and Distinctiveness (SoND) in an Australian design registration, as well as the extent to which an SoND can influence the scope of protection. Griffith Hack v Clipex[1] concerned 22 design registrations owned by Clipex, with each design in respect …
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The recent decision in Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2022] APO 72 highlights the importance of strict adherence to procedural matters in patent oppositions. In Australian patent oppositions there is a strict procedure for the filing of evidence by the parties. The patent opponent firstly files evidence-in-support of the case as outlined in …
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The High Court of Australia has refused Stephen Thaler’s application for special leave to appeal the Full Court decision[1] that a device characterised as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Our analysis of the Full Court decision can be found here. As the High …
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The factual situation in Campaigntrack v Real Estate Tool Box is not an uncommon one. Wanting a better software program for its operations, a business enters into an arrangement with a software developer who has experience in that area to develop a new program with reference to a competitor program’s functionality. What was interesting and …
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The Federal Court recently deliberated on a patent infringement and validity dispute between Global Tech Corporation Pty Ltd (Global Tech) and Reflex Instruments Asia Pacific Pty Ltd (Reflex). In arriving at its decision that infringement had occurred, the Court had to consider what technical field the patent belonged to, and then weigh up arguments around …
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A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
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