‘POMMIEBASHER’: offensive or not?

Australia and England’s sporting rivalries are legendary. Several Australian sporting identities are renowned for taking any opportunity to make an (affectionate?) remark that might unsettle one’s Imperial opponent. The word ‘POM’ or ‘POMMIE’ is a colloquial Australian word to refer to an English person, while ‘POMMIEBASHER’ refers to someone who is not of English background, …
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POF welcomes a new Associate and two trainee patent attorneys

Phillips Ormonde Fitzpatrick is pleased to announce three new professionals – welcome to the team Carla, Matthew and James.   Carla Cher, Associate Carla recently joined our Melbourne office as an associate in the Electronics, Physics and IT team. Carla is an engineer with over 10 years’ experience in IP. Her technical expertise and interests include microfluidics, microelectrical mechanical systems (MEMS), nanotechnology, renewable …
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SourceIP: where business meets ideas

The Australian Government has launched a digital intellectual property marketplace designed to provide Australian businesses with easy access to public sector research. SourceIP has been  developed by IP Australia, and provides a means for public sector patent owners to signal their willingness to license, sometimes at no cost, innovations in their key areas of technology. …
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Goodbye yellow: the end of the road for Telstra’s YELLOW trade mark?

Who could forget the classic Australian ‘Goggomobil’, the HELLO YELLOW jingle or the ‘Let your fingers do the walking’ tagline? These advertising gems and cues, launched by leading telecommunications company, Telstra, bring to mind their ‘Yellow Pages’ directory. But when used in relation to print or online directories, does the word YELLOW alone give rise to such an association? Or in trade mark …
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The problems of delay in taking action

A series of cases, including Knott Investments Pty Ltd v Winnebago Industries, Inc [2013] FCAFC 59 (7 June 2013) have dealt with the tale of a US company and an Australian company that copied its foreign trade marks. In 2010, American company, Winnebago Industries, Inc. (Winnebago US), sued Australian company Knott Investments Pty Ltd and its dealers for passing off and misleading and deceptive …
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Star Wars: science fiction or science fact?

Science fiction fans all over the planet hyperventilated with glee as The Force Awakens, the new instalment in the Star Wars saga, hit cinema screens in December 2015. The film introduced some new characters (thankfully none as bad as Jar Jar Binks in 1999’s The Phantom Menace) – one of which was a new robot droid, the BB-8. The BB-8 droid has a …
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New Victorian Government grant announced – The ‘Future Industries – Sector Growth Grant program’.

The Victorian Government has just announced the Future Industries – Sector Growth Grant program. The Fund has been created to focus on increasing growth and developing high value industry sectors to further enhance Victoria’s competitive advantage by building on existing strengths in each industry sector. Sector strategies have been developed to support these growth areas …
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Congratulations to our newly qualified patent and trade marks attorney, Dr Annabella Newton!

Congratulations to our newest patent and trade marks attorney, Dr Annabella Newton, who registered on 11 March 2016. Annabella started with POF in our Melbourne office in February 2013 following on from her work as a postdoctoral fellow at CSIRO. During this time, she collaborated with the University of Melbourne on an organic chemistry project, applying …
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Phillips Ormonde Fitzpatrick Lawyers has a big win for its client Flexopack S.A. Plastics Industry

On Friday 11 March, Phillips Ormonde Fitzpatrick Lawyers had a big win for its client Flexopack S.A. Plastics Industry in an important trade mark decision: Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd & Anor [2016] FCA 235. The win was on all claims made, with Justice Beach finding that Flexopack Australia Pty Ltd …
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