29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies (21 Jas. 1. c. 3). The Statute of Monopolies was passed by the Parliament of England and received royal assent on 29 May 1624. Although the Venetian Patent Statute of 1474 …
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At Phillips Ormonde Fitzpatrick, we are deeply committed to fostering a culture of diversity, equity, and inclusion. Our commitment to diversity and inclusion encompasses all aspects of identity, including race, gender, sexual orientation, disability, and more. We believe that embracing diversity not only enriches our firm but also strengthens our ability to make a positive …
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Australian Design Registrations are obtainable in respect of a design applied to a product. Thus, to be registrable as a design, there is a requirement that a design is present and that the design is applied to a product. In, for example, Europe, it is possible to obtain design registration in respect of fonts, type …
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Many of our clients make use of the Australian Registered Designs system to protect the unique appearance of their products.
The good news is that what constitutes a ‘product’ as defined by the Australian Designs Act 2003 is broad, and includes: -a thing that is manufactured or handmade;-a separately made component part of a complex …
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We are pleased to see the Australian Broadcasting Company tackle the topic of counterfeiting in its Foreign Correspondent “Faking It” program available on ABC TV and iView. The television show highlights numerous issues faced by brand owners (including some POF clients) in order to deal with fake items in the UK but also worldwide. These …
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Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations. Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration for non-use under s. 92(4)(b) may only be filed after three years from the date the particulars of the trade mark were “entered into the Register”. Prior to the …
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The owner of the popular ‘House’ stores, engaged in misleading and deceptive conduct when it took part of Bed Bath ‘N’ Table’s branding for its new homewares store, the Federal Court has found. In Bed Bath ‘N’ Table v Global Retail Brands Australia[1] , Justice Rofe found that GRBA’s decision to brand its soft homewares …
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In the decision Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017, Justice Burley considered the application of the well-known test for lack of novelty from General Tire – will following the directions in the prior art inevitably result in something being made or done which would constitute an infringement of the patent …
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Acronyms and initialisms and are frequently used by businesses to make their names more memorable and to distinguish themselves from competitors. Recently, the global fast food chain Kentucky Fried Chicken opposed an application by Grill’d seeking registration of its HFC mark (see decision in KFC THC V Ltd v Grill’d IP Pty Ltd [2023] ATMO …
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McDonald’s trade mark registration for BIG MAC is not infringed by Hungry Jack’s use of the mark BIG JACK according to the Federal Court of Australia decision in McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412. Hungry Jack’s began promoting its BIG JACK burger in March 2020. An example of Hungry …
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