Interlocutory relief for a ‘one trick pony’: clarification around the factors relevant to the court when considering interlocutory injunctions.

In Dincel Construction System Pty Limited v AFS Systems Pty Ltd [2017] FCA 262, the Federal Court granted interlocutory relief to a company with a single product (a so-called ‘one trick pony’) against one of the CSR group of companies. The injunction prevented AFS from marketing or selling its potentially infringing product, pending the outcome …
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Lessons from Clipsal’s trade mark battle for the cancellation of CLIPSO

In Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60, the Applicant, Clipsal, successfully brought action against Clipso Electrical Pty Ltd for the cancellation of its CLIPSO trade mark registration. Whilst it also succeeded in one of its two trade mark infringement claims and related causes of action, it failed …
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POF remains proudly independent amidst an increasingly corporatised IP environment

Phillips Ormonde Fitzpatrick is now one of the few remaining independent IP firms of significance in Australia. POF’s decision to remain independent and privately owned is a deliberate choice and one it believes positively differentiates it in what is now a highly corporatised market. POF’s Managing Partner, Ross McFarlane says, “We have made the strategic decision …
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‘It’s not me, it’s you.’ Terminating your business relationship.

The case of Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172 (9 December 2016) highlighted the importance of a written agreement in determining the parties’ rights when a business relationship breaks down. This case involved an agreement for Fairlight to develop software for Peter Vogel (PV) in return for four progress …
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POF hosts the 2017 AIPLA Women in IP Global Networking Event

On Thursday 4 May, POF collaborated with the American Intellectual Property Law Association (AIPLA) to host the 10th Annual Women in IP Event in Sydney. Beth Oliak, barrister, discussed current issues facing women who deal with IP in their own businesses or on behalf of clients. The event was a great success, bringing women together to …
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POF patent attorney, Annabella Newton, interviewed by the ABC

POF patent attorney, Annabella Newton, was recently interviewed by Australia Plus, ABC International’s multi-platform media service, about how to get a patent in Australia. Annabella discussed the different factors and processes to consider when applying for a patent to protect an invention in Australia. To read the full interview, please click here.

POF Partner, Graham Cowin, recognised as one of Melbourne’s best Intellectual Property practitioners in the Australian Financial Review

We are pleased to announce that POF Partner, Graham Cowin, has been recognised as one of Melbourne’s best Intellectual Property (IP) practitioners in 2017 in the Australian Financial Review. The list was compiled based on peer votes in the IP practice area, including comprehensive evaluations from other lawyers and practitioners nationwide. Additional qualitative and market …
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