Post mortem of black box tracking product licence reveals no ambiguity
Computer software – exclusive licence – construction – ambiguity in payment provisions – extrinsic evidence – commercial sensibility.
Category: IP and Trade Practices
Second bite of the cherry upsets the apple cart for PINK LADY marks
Trade marks – exclusive trade mark licence “in perpetuity” – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – admissibility of extrinsic material.
Mud thrown, but threats not justified
Patents – damages for unjustified threats – person aggrieved – calculation of damages.
“You shall not pass” – summary judgment for Tolkien copyright infringement. And in other news…
Copyright – infringement of the Lord of the Rings “One Ring Inscription” – summary judgment.
Thirsty (but not misled) folk want beer, not explanations
Trade Marks – passing off – misleading or deceptive conduct – Pacific Ale – groundless threats.
Blue with competitor about use of yellow has Chemist Warehouse seeing red
Misleading and deceptive conduct – trade indicia – “get up” of pharmacy chain – use of primary colours, especially yellow – appeal primarily against findings of fact.
Court says “nyet” to infringement of Australian company’s rights in Russian language broadcasts
Copyright – television broadcasts – communication to the public – Russian language programmes – whether channel streaming a “television broadcast” – “relevant broadcaster” – whether exclusive licence.
No room in the playground for foreign manufactured goods
Trade marks – infringement – use as a trade mark in Australia – goods manufactured and sold overseas for resale in Australia – whether foreign vendor used marks in Australia. Playgro Pty Ltd v...
Tobacco repackaging appeal runs out of puff
Trade marks – parallel importation – removal of original packaging and repackaging to comply with local regulation – whether use as a trade mark by reseller – whether section 123 defence applies.
I had rather live with cheese and garlic – no right to register infringing food wrapping mark
Trade marks – infringement – whether goods fall within registered class – own name defence – “right to register” defence – whether sufficiently distinctive
Not quiet on the WESTON front – estate agency mark still valid despite rebranding
Trade marks – non-use application – limited use following rebranding – website redirection and promotion of the fact of the rebranding sufficient – infringement – “own name” defence – whether good faith use of own name
Contracts – whether substantial rebranding by a franchisor a repudiation of franchise agreement
Better to curse the darkness – infringement of street lighting assembly patent upheld
Patents – innovation patent – construction – “preferred embodiments” in specification – fair basis – utility
What man dost thou dig it for? – Mine drilling technique patent found to be invalid
Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement
Does not compute: patent for computer-implement business methods rejected
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid