Category: IP and Trade Practices

Trade marks – infringement claim under s 120 of the Trade Marks Act 1995 (Cth) – consumer law – misleading or deceptive conduct – torts – passing off – whether director should be held personally liable – Therapeutic Goods Act 1989 (Cth) – whether respondents infringed applicants’ BOTOX marks by using PROTOX as a trade mark

Trade marks – infringement claim under s 120 of the Trade Marks Act – consumer law – misleading or deceptive conduct – torts – passing off – whether director should be held personally liable – cross-claim for removal from Register for non-use – opposition – appeal under s 56 of the Trade Marks Act – BOTOX and PROTOX

Patents – interest granted under patent licensing agreement – whether later-in-time licensee had an effective licence, which breached original licence

Trade Marks – infringement – whether using “Urban Ale” as a trade mark or good faith use – cancellation on various grounds – discretion – groundless threats of trade mark infringement

Patents – amendment – appeal from Commissioner’s decision – whether specification as amended would claim or disclose matter that extends beyond the specification as filed – section 102(1) post Raising The Bar

Trade Marks – admissibility of screenshots of webpages and searches of online databases

Trade Marks – supply of products in shippers bearing the registered mark – whether that use was use “as a trade mark”.

Application for interlocutory injunction – restraint of trade – trade mark infringement

Patent validity – manner of manufacture – whether methods and systems for providing and receiving information for risk management in the field are patentable

Patent infringement and validity – failure of experimental proof to establish infringement – lack of best method – refusal to amend patent to address lack of best method

Practice and procedure – mandatory interlocutory injunction – no evidence of quantifiable loss – little inconvenience to respondent

Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia

Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation

Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use

Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records

Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement

Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding