Author: Tom Cordiner QC

Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.

Patents – artificial intelligence inventor

Patents – validity of extension of term of patent – where two pharmaceutical substances claimed and extension based on the one with later regulatory approval

Trade Marks and Australian Consumer Law – termination and breach of Trade Mark Licence Agreement (“TMLA”) – trade mark infringement – misleading or deceptive conduct – false representations – use of CALTEX and STARCARD

Trade Marks – Corner – condition or limitation imposed on registration

Patents – extension of term – which ARTG registration may be relied on

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.

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)

Consumer Law – replica of “Fearless Girl” statute – discussion of “not insignificant number” criterion – copyright – whether copyright licence granted – inducing breach of contract by artist – limitations on artist’s rights – tort of passing off – trade mark infringement – whether ‘FEARLESS GIRL’ used as a mark.

Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.