Background Moroccanoil Israel Ltd (MIL) successfully obtained injunctions restricting the sale of some of the supermarket chain Aldi’s lookalike products in the recent case of Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823. Aldi’s conduct was found to be misleading and deceptive in relation to claims regarding the performance benefits of the …
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In many jurisdictions, damages as a remedy for infringement are not available or are reduced where the infringer proves they were an ‘innocent infringer’. An ‘innocent infringer’ is not aware of the existence of a registered IP right at the time of the infringement and had no reasonable grounds for supposing that the subject matter …
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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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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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In the case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83, Mr Pham filed a trade mark application for the trade mark on the right below (IR Trade Mark). This application was opposed by the owner of the trade mark on the left, Insight Clinical Imaging (Clinical Imaging): …
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On Thursday 15 October, POF will be hosting a half-day seminar on anti-counterfeiting at our new offices at 333 Collins Street, Melbourne. We are fortunate to be joined by an impressive line-up of speakers including by The Hon Jane Garrett MP, the Victorian Minister for Consumer Affairs, Gaming & Liquor Regulation, and representatives from Hong …
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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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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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An Australian Trademark Opposition Round-Up from the Trade Mark Office Journal dated 16 July 2015. 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. Please note that the information in the tables below is correct as at the date of …
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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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