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In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP's Kathy Mytton and Sean McManis.
A judge has reopened the trial in Hells Angels' trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.
Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.
A Thai broadcaster has appealed a decision by IP Australia that found its proposed 7HD trade mark was deceptively similar to the Seven television network's mark.
New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.
US-based chemical and materials technology company Cytec Industries has won its Federal Court challenge to a mining patent application by a unit of Ecolab, with the court finding the claims in the patent lacked support and sufficient disclosure.
New-Zealand dairy company a2 Milk is challenging a win for Nestle over the Swiss food and drink giant's NAN A2 trade mark for infant formula, a mark IP Australia found was not deceptively similar to a2’s logo.
Intellectual property law firm Spicer Spicer has lost its opposition to Coca-Cola’s patent application for soft drinks and syrups containing an artificial sweetener known as Reb X, with an IP Australia delegate rejecting the firm’s argument the patent was not inventive.
Property data analytics firm CoreLogic infringed the copyright of a real estate photographer by uploading images from realestate.com.au to its own property data platform without a licence, the Full Federal Court has found.
Australian menswear label yd. has been sued for “blatant and obvious” copyright infringement for allegedly using a floral pattern produced by rival brand Politix on its shirts.