Patents – manner of manufacture – s 102(1) – s 105
Author: Clare Cunliffe
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.
McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2)  FCA 377 (21 April 2021)
Valuing intellectual property – registering security interests concerning intellectual property on the Personal Property Securities Register (“PPSR”)