The challenge to register shape trade marks in Australia is not made easier by the "Guylian" case. Nearly 20 years of use, Guylian’s support of a marine protection project called “Project Seahorse” and survey evidence showing that 40.6% of respondents identified the seahorse shape with Guylian, was insufficient to confer trade mark protection. read more »
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Justice Kenny has granted an interlocutory injunction restraining the respondents from selling like-for-like replacements of popular CT contrast dye syringes. Mallesons acted for the successful applicant. The decision helps clarify the Court’s stance on the onus of proof for injunctions in patent cases, particularly where the sale is outside the PBS. read more »
The Advisory Council on Intellectual Property has released an Interim Report on Post-Grant Enforcement Strategies proposing a number of reforms, including the establishment of an IP dispute resolution centre to provide opinions in relation to validity and infringement issues, and public access to information in relation to patent related Court proceedings. read more »
Have you ever found an image on Google Images, and copied it into an email, document or presentation, without asking the permission of the copyright owner? If you have, you may have breached the Copyright Act 1968 (Cth) without even knowing it. read more »
Spain's magicians are reportedly outraged by the exposure of their tricks and illusions on the "Masked Magician" television show. Recent news reports indicate they are seeking legal advice on how best to protect their "IP", to avoid their craft from being undermined. read more »
Darrell Lea and Cadbury have settled their long running dispute relating to the use of the colour purple by Darrell Lea and the applications by Cadbury to register trade marks for the colour purple. Both parties are pleased to have negotiated a mutually acceptable solution. Mallesons acted for Cadbury in the Trade Practices litigation.
Kim O’Connell, patent and pharmaceutical law specialist at Mallesons, spoke yesterday at the 2nd Annual Pharmaceutical Law Conference. She joined other experts in the field to share her thoughts on the implications of some recent patent cases which have been handed down by the Federal Court. read more »
Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties. So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James. The case illustrates that a new invention, which would not have been made without knowledge of the same inventor’s prior art, is not automatically an “improvement” upon the inventor’s earlier inventions. read more »
The High Court appeal in E & J Gallo Winery v Lion Nathan Australia Pty Limited promises to produce a landmark Australian trade marks decision offering guidance on key concepts in trade mark law including the nature of trade mark use, and potentially also authorised user and the relevance of consumer perceptions in infringement proceedings. Mallesons is acting for Lion Nathan Australia in this matter. read more »
The High Court has decided to consider the meaning of “person aggrieved”, which was barrier to many non-use removal applications under the old Trade Marks Act 1955 (Cth). Its consideration may have implications in other areas of intellectual property and administrative law. read more »