Author: Clare Cunliffe

Patents – manner of manufacture – s 102(1) – s 105

Copyright Infringement – Compensatory Damages – Additional Damages

Trade marks – use in the course of trade – substantial identity or deceptive similarity – use of signs in relation to services – s 41 – s 102 – s 122(1)(a)(i) – s 122(1)(fa) – s 124 – Australian Consumer Law – s 18 – s 29(1)(g) – s 29(1)(h) – joint tortfeasor – aiding and abetting – knowingly concerned

In this case, the applicants sought certain declaratory and other relief which was, in substance, an application to the Federal Court to overturn orders made by the World Intellectual Property Organization (WIPO) in relation to a dispute in connection with the domain name “cars24.com.au” (Domain Name). The respondents challenged the jurisdiction of the Federal Court to grant the relief sought by the applicants, and filed an interlocutory application seeking dismissal of the proceeding.

Trade Marks – ACL – Passing off – default judgment for failure to comply with court orders

Copyright – ownership in video footage of yacht race

Copyright and defamation – preliminary discovery to determine identity of prospective respondent

Trade marks – summary judgment – infringement – respondent participated intermittently – no reasonable prospects of successfully defending claim – additional damages

Trade marks – appropriate form of injunctive relief consequent upon findings in principal judgment – costs – potential reduction

Copyright – request by expert witness to set aside Tribunal Direction requiring production of psychological testing materials – consideration of copyright protections and exemptions

Confidential information – former employee took preparatory steps to establish competitive business – duties and obligations to employer – implied duties of good faith and fidelity – fiduciary duties – ss 182 and 183 of the Corporations Act 2001 (Cth) – accessorial liability

Designs – pleadings – whether must provide particulars of prior use similar to those required in patent proceedings

Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.