Well, a patents and designs case, but really it’s a case about entitlement: Kenny J has upheld the validity of patents and registered designs for “beer taps” which one company in the Fosters group – Foster’s Group Ltd – applied for “most likely [by] mistake” as one of its subsidiaries, Fosters Australia, was the owner. Fosters Australia commissioned another party to design some new beer taps for it, on terms.. Read More
Jacobson J has found that Bluescope’s “Smartascreen” metal fencing panel infringed Gram Engineering’s Registered Design No. AU 121344 for a fencing panel as an obvious imitation. Perhaps the most interesting finding, however, is why the Smartascreen was not a fraudulent imitation. vs Gram’s design was registered in 1994, so this is an “old Act” case (invalidity here and infringement here).  At the time, it was the first fence panel.. Read More
but permits synthetic versions: Association for Molecular Pathology v. Myriad (2013) Read more at Patently-O here and here The appeal from Cancer Voices in Australia is still pending.
The Full Court has partially allowed an appeal from Foster J’s decision to order Knott Investments to stop using the Winnebago trade marks for “campers” or RVs not made by Winnebago. As a result, Knott can continue to use “Winnebago” if it can make it clear it is not associated with the Winnebago company. Some facts From about 1959, Winnebago had been making and selling its RVs under that brand.. Read More
Some 5 years after it went hunting, Tamawood has successfully sued Habitare (now with administrators and receivers and managers appointed) for infringing copyright in house plans. Copyright in some plans was infringed (Torrington v Duplex 1 & Duplex B); but not in others (Conondale / Dunkeld v Duplex 2 & Duplex A). One point of interest: Habitare commissioned Tamawood to develop plans for 2 new houses for it. These plans.. Read More
The Productivity Commission’s report on Compulsory Licensing of Patents has been published. One key recommendation is to replace the compulsory licence provisions in the s 133 of the Patents Act with a compulsory licence regime in the Competition and Consumer Act: The Australian Government should seek to remove s. 133(2)(b) from the Patents Act 1990 (Cwlth), so that a compulsory licence order based on restrictive trade practices of the patent.. Read More
DC Comics, the owner of rights to the, er, man of steel character, has successfully blocked an attempt the register “superman workout” for “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” in class 41. It did have to appeal from the Registrar of Trade Marks to the Federal Court and it did not win for the reasons you might think. Like the Registrar, Bennett.. Read More