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: Melissa Marcus
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 – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.
Trade marks – appeal from judgment dismissing trade mark infringement claim – inherently adapted to distinguish – deceptive similarity
Consumer law – orders for relief – declarations – injunction granted – damages.
Costs – apportionment of costs
Copyright – artistic works – work of “artistic craftsmanship” – innocent infringement – additional damages – Passing off and ACL misleading or deceptive conduct claims – accessorial liability
Practice and procedure – costs – costs of interlocutory applications to amend patent application
Patents – appeal on opposition to grant – pre-“Raising the Bar” – novelty – inventive step – utility
Patents Act– infringement and validity – variable speed limit signs – whether method or product claims – whether functional limitations were to capabilities or had to be present at all times – Crown use defence– innocent infringement– prior use defence– lapsed patent defence – lack of novelty (and section 24) and inventive step
Trade marks – extension of protection in Australia to IRDA for trade mark MONSTER STRIKE in classes 9 and 41 – appeal from decision of Registrar – reputation of appellant’s marks including M icon and MONSTER ENERGY – whether reliance on s 42(b) and ss 18 and 29 of the ACL for opposition adds anything to reliance on s 60
Patents – amendment of patent application by court – power to order amendment after reasons given as to why patent invalid – section 102, whether narrowing amendments to claims resulted in an invention different from that described in the specification
Patents – strike out application re particulars of lack of utility – discovery re lack of utility