Use of the phrases “Love where you live?” and “You love where you live” held not to constitute use of those phrases as a trade mark for the purposes of s 120.
Author: Marcus Fleming
Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction
Patents – transfer of proceedings to Federal Court – overlap in subject matter – risk of inconsistent findings
Patents – amendment to overcome manner of manufacture objection – whether possible to overcome s 102 – whether the principle of finality should prevent iterative amendment applications
Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)
Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.