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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Vertex Pharmaceuticals Inc and CRISPR Therapeutics AG have gained a world-first regulatory approval for the use of a CRISPR-based gene editing therapy in patients, as the UK Medicines and Healthcare products Regulatory Agency (MHRA) granted conditional marketing authorisation for CASGEVY.[1],[2] CASGEVY is a therapy designed to treat sickle-cell disease and inherited blood disorders, and works …
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In 1888, Karl Benz is issued with the world’s first driver’s licence and his wife, Bertha, drives a car bult by Karl on the first “long distance” car trip – Mannheim to Pforzheim (64km); Jack the Ripper stalks Whitechapel; John Dunlop patents the pneumatic bicycle tyre, whilst Joseph Assheton Fincher files a patent for “Tiddly-Winks”. …
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The decision in UbiPark v TMA Capital Australia[1] provides some useful commentary on the role of expert witness evidence in a patent infringement and revocation action. Moshinsky J, referenced various authorities at [55] to [63] on the principles of construction of a patent and the role the expert witness plays in that exercise. At [59] …
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Trade mark squatting, where a person registers a trade mark merely to sell for a profit at a later time, is a big issue in China and a headache for many brand owners. It doesn’t occur as frequently in Australia largely due to our first to use regime which differs from China’s first to file …
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An uptick in trade mark applications for virtual goods and services as consumers look to the metaverse to buy luxury products and enjoy virtual experiences illustrates how societal trends can influence trade mark filings. This is no surprise given Metaverse Fashion Week is now an annual event featuring big brands such as Coach, Adidas and …
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IP Australia has recently updated its list of countries where it is considered a competent International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) under the Patent Cooperation Treaty (PCT) which now includes Brunei Darussalam, Jordan , Iraq , Mauritius and Oman. For PCT applicants filing with agreed receiving offices (Ros), it is now …
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It’s been a little over a year since the High Court of Australia’s surprising 3:3 split judgment in Aristocrat v Commissioner of Patents [2022] HCA 29 (Aristocrat ’22) relating to manner of manufacture and in particular the patentability of computer implemented inventions. The result of the split High Court judgment is that the Full Court …
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Dr Stephen Clarke, the Chief Chemist for our client Change Climate, has recently been elected as the Chair of the Australian International Chapter of the American Chemical Society (ACS). The ACS is the largest scientific representative society in the world, with the Australian chapter being one of 26 international chapters. We’re delighted to celebrate Stephen’s …
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