Author: The Hon Peter Heerey AM QC
Mr George Defteros is a solicitor specialising in criminal law. He acted for a number of defendants to criminal charges arising out of Melbourne’s Gangland wars of the 80s and 90s.
He sued Google LLC for defamation arising out the results of searches made available by Google’s search engine.
Patents – interest granted under patent licensing agreement – whether later-in-time licensee had an effective licence, which breached original licence
Trade Marks – infringement – whether using “Urban Ale” as a trade mark or good faith use – cancellation on various grounds – discretion – groundless threats of trade mark infringement
Patents – amendment – appeal from Commissioner’s decision – whether specification as amended would claim or disclose matter that extends beyond the specification as filed – section 102(1) post Raising The Bar
Trade Marks – admissibility of screenshots of webpages and searches of online databases
Trade Marks – supply of products in shippers bearing the registered mark – whether that use was use “as a trade mark”.
Application for interlocutory injunction – restraint of trade – trade mark infringement
Patent validity – manner of manufacture – whether methods and systems for providing and receiving information for risk management in the field are patentable
Patent infringement and validity – failure of experimental proof to establish infringement – lack of best method – refusal to amend patent to address lack of best method
Practice and procedure – mandatory interlocutory injunction – no evidence of quantifiable loss – little inconvenience to respondent
Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia
Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation
Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use
Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records
Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement
Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding
Patents –invalidity – discovery of naturally occurring phenomenon – claims for methods of applying that discovery – whether method of manufacture – whether inventive step