The Archive
:: May 2009
eBay victorious in French battle over counterfeit L’Oreal products
18 May 2009 - 1:50pm - Edwina Chin

Who should be responsible for policing the online sale of counterfeit products?  The trade mark owner or the online host?  Last Wednesday, a Paris court took a step in favour of the online host contingent, ruling that eBay had taken sufficient steps to prevent sales of counterfeit L’Oreal perfume through its online auction site.      read more »

:: Partner: Robert Cooper :: Subjects: Trade marks
The winner doesn't always take it all - apportioning costs in patent cases
6 May 2009 - 5:08pm - Cindy Varalla

Everyone is aware of the ordinary rule: costs follow the event.  A successful litigant will recover costs in the absence of special circumstances.  But what constitutes special circumstances in patent cases?  The recent Full Court decision in PAC Mining Pty Ltd v Esco Corporation (No 2) [2009] FCAFC 52 highlights where the Court may depart from the ordinary rule and apportion costs on an issues basis, ordering the successful party to pay some of the unsuccessful party's costs.  read more »

:: Partner: Wayne McMaster :: Subjects: Litigation and procedure | Patents
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