IPwars.com

Mainly intellectual property (IP) issues Down Under

A coffee free-for-all and a trade mark cancellation

Last month, the Full Court overturned the trial Judge’s ruling that Modena had infringed Cantarella’s registered trade marks for ORO and CINQUE STELLA for coffee. Instead, revoking the registrations on the basis that they were not capable of distinguishing. Barrister Sue Gatford provides another guest post explaining why.

Assigning rights in future copyright – Bollywood style

Is an assignment of future copyright effective over copyright which the author subsequently creates but never owns?

Winnebago 2: the disclaimer

The Full Court has now ruled on the form of the disclaimers required to avoid injunctions against use of the Winnebago trade marks.

Getting back domain names

Bromberg J orders transfer of the domain names arising from trade mark infringement, but Middleton J finds no misrepresentation in the use of vendoradvocacy.com

Patenting computer programs or business methods in Australia

At the end of August, Middleton J overturned the Commissioner’s refusal to grant an innovation patent for RPL’s computerised method entitled ‘Method and System for Automated Collection of Evidence of Skills and Knowledge’. Instead, his Honour held that the method was a manner of manufacture and, novelty and inventive step having been satisfied, patentable. What the claimed invention was In essence, the claimed invention allowed a user to access a.. Read More

When do 4 stripes infringe 3?

adidas has successfully sued Pacific Brands for infringing its “3 stripes” trade mark through the sale of three styles of shoes with 4 stripes; but failed in respect of six other styles. ….

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