Thirsty (but not misled) folk want beer, not explanations
Trade Marks – passing off – misleading or deceptive conduct – Pacific Ale – groundless threats.
The Commercial Bar Association of Victoria Inc. A0120851O
Trade Marks – passing off – misleading or deceptive conduct – Pacific Ale – groundless threats.
Misleading and deceptive conduct – trade indicia – “get up” of pharmacy chain – use of primary colours, especially yellow – appeal primarily against findings of fact.
Copyright – television broadcasts – communication to the public – Russian language programmes – whether channel streaming a “television broadcast” – “relevant broadcaster” – whether exclusive licence.
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...
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.
Trade marks – infringement – whether goods fall within registered class – own name defence – “right to register” defence – whether sufficiently distinctive
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
Patents – innovation patent – construction – “preferred embodiments” in specification – fair basis – utility
Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid
Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – 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 – relevance of post-contractual conduct
Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up
Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective
Trade marks – counterfeit goods – respondents manifestly unbelievable – compensatory damages – additional damages