Inspired - The POF blog - Page 5 of 151 - Phillips Ormonde Fitzpatrick

Is imitation the sincerest form of flattery?

February 23, 2023
by Paul Goodall, Patent and Trade Marks Attorney

In an all too common scenario, the iconic 1959 Mini design has recently attracted the interest of a Chinese electric vehicle company known as Beijing Estech Technology Co (BET). BET had filed a design with the Chinese Intellectual Property Office (CNIPA), heavily based on the classic 1959 Mini design, albeit with very minor changes. This …
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The ‘new’ New Zealand Patents Act in action

February 17, 2023
by Dr James Burnley, Senior Associate

It has been several years since the ‘new’ New Zealand Patents Act came into force and we are beginning to see how the practicalities of this regimen are playing out. The recent decision, Intelli Particle Pty Ltd (‘Intelli’)[1], illustrates some important aspects of contemporary New Zealand practice. Despite being the subject of a Global Patent …
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Sidewinder misses in bitter battle with Better Beer

February 13, 2023
by David Longmuir, Principal

Better Beer Co, the brainchild of The Inspired Unemployed and Torquay Beverage Co Pty Ltd, has prevailed in a dispute against Brick Lane Brewing over its carb-free beverage branded Better Beer. Brick Lane Brewing commenced proceedings against Better Beer in 2021 alleging that the promotion and sale of Better Beer in a get-up similar to …
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Informal contracts and lessons in construction

February 3, 2023
by Melissa Wingard, Former POF Attorney

The High Court’s recent decision in Realestate.com.au v Hardingham[1] has reversed the Full Court’s majority decision[2] and, in doing so, highlighted the importance of ensuring agreements are reflected in writing. BackgroundHardingham and his company Real Estate Marketing Australia Pty Ltd (Hardingham) were engaged by real estate agencies over the phone to take photographs and produce …
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Lion’s frothie trade mark gets knocked back

January 19, 2023
by Anita Brown, Principal

Steinlager markets itself as New Zealand’s finest beer, but its foray into a Japanese style frothie fell a little flat after a trade mark challenge from Asahi Beverages. Lion NZ Ltd launched TOKYO DRY, as part of its Steinlager range in NZ in November 2016. For those beer lovers among us, the brew was described …
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These pickets are stars

December 13, 2022
by Davin Merritt, Principal

A recent Australian Designs Office decision highlights the potential importance of including a Statement of Newness and Distinctiveness (SoND) in an Australian design registration, as well as the extent to which an SoND can influence the scope of protection. Griffith Hack v Clipex[1] concerned 22 design registrations owned by Clipex, with each design in respect …
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Avoid Heart Failure – Getting Opposition Procedures Right

November 17, 2022
by Dr Neil Ireland, Principal

The recent decision in Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2022] APO 72 highlights the importance of strict adherence to procedural matters in patent oppositions. In Australian patent oppositions there is a strict procedure for the filing of evidence by the parties. The patent opponent firstly files evidence-in-support of the case as outlined in …
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High Court Refuses Special Leave to Appeal in AI Patent Case

November 16, 2022
by Helen McFadzean, Principal

The High Court of Australia has refused Stephen Thaler’s application for special leave to appeal the Full Court decision[1] that a device characterised as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Our analysis of the Full Court decision can be found here. As the High …
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Inspire – November 2022

In this edition…

Caravan design objection told to hit the road

November 2, 2022
by Davin Merritt, Principal

A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
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