Commentary and case law from the Commercial Bar Association's finest.
Trade marks – non-use application – limited use following rebranding – website redirection and promotion of the fact of the rebranding sufficient – infringement – “own name” defence – whether good faith use of own name
Contracts – whether substantial rebranding by a franchisor a repudiation of franchise agreement
Patents – innovation patent – construction – “preferred embodiments” in specification – fair basis – utility
Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid
Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – relevance of post-contractual conduct
Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up
Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective
Trade marks – counterfeit goods – respondents manifestly unbelievable – compensatory damages – additional damages
Geographical indications – “Champagne Jayne” – promotion on Internet and social media – misleading and deceptive conduct
Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2015] FCA 1086 (9 October 2015) Trade marks – parallel importation – unpacking and repackaging due to tobacco labelling laws – whether...
Trade marks – objection to registration – deceptive similarity – likelihood of deception or confusion – MALTESERS vs MALTITOS