Designs – infringement – defences – use of a component part of a complex product for the purposes of repair – proof of knowledge that a part to be used for a non-repair purpose – unjustified threats – whether potential availability of repair defence to be taken into account
Author: The Hon Peter Heerey AM QC
Trade Marks – infringement – deceptive similarity – relevance of reputation – distinctiveness of acronyms
The trial judge had held that the appellant’s marks were deceptively similar to those of the respondent within the meaning of 120(1) of the Trade Marks Act 1955 (Cth).
Patents – penal notices and injunction against guarantees of supply for Pharmaceutical Benefits Scheme (“PBS”) listing
Patents – invalidity, threatened infringement, relief
Abuse of process – consecutive actions for infringement of divisional innovation patents
Trade marks – application for judicial review of decision of Registrar to extend time for filing notice of intention to oppose application for removal of two trade marks – “circumstances beyond control of the person”
Trade marks – appeal from decision of Registrar to reject application on ground of lack of distinctiveness
Red Energy Pty Ltd, an energy retailer in the National Electricity Market, applied for registration of the trade mark EVENPAY.