Designs
First Full Court decision under the Designs Act 2003

The case of Keller v LED Technologies Pty Ltd is the Full Federal Court of Australia's first decision on the tests for validity and infringement under the Designs Act 2003. In particular, the Court offers guidance on the new test of “distinctiveness” required for a valid design.  Mallesons' Shyama Jayaswal examines the decision here.  read more »

:: Partner: Robert Cooper :: Subjects: Designs
New Year's IP Resolutions

January is resolution time. A universal thought takes over: "I need to quit smoking, lose weight and call my mother more!" The IP Whiteboard team are not immune to this infectious optimism, and have put together some "IP resolutions" to kick off Twenty Ten. It's not exactly Letterman's Top 10, and we know that resolutions aren't always kept, but here goes!  read more »

:: Partner: Natalie Hickey :: Subjects: Contracts | Copyright | Designs | Patents | Trade marks
Google registers its iconic home page as a design

One might think that Google's minimalist home page is among the most commonplace of designs. Apparently not. On 2 September, Google obtained a US design patent for the company's iconic home page.  read more »

:: Partner: Katrina Rathie :: Subjects: Designs
Clothing cases reveal the limits to design protection

Three recent cases instituted by Review (an Australian clothing designer and retailer) against alleged infringers of its registered dress designs have shown how difficult it can be to deter would-be infringers.  Although in each of the three cases the respondent was found to have infringed Review's registered designs, the damages awarded in each case varied widely and unpredictably.  read more »

:: Partner: Natalie Hickey :: Subjects: Designs | Litigation and procedure