IPwars.com

Mainly intellectual property (IP) issues Down Under

Shape not misleading

In adopting its new name, Shape Australia did not misrepresent that it was associated in some way with Shape Shopfitters or pass off the latter.

Shape shopped

Mortimer J has dismissed Shape Shopfitters claims against Shape Australia for misleading or deceptive conduct, passing off and trade mark infringement – a look at the trade mark infringement case.

Should Michelin’s X block Continental’s Xking?

Should Michelin’s “X” trade mark block registration and use of Continental’s “Xking” trade mark for tyres?

No damages for unjustified threats

Following on from the Full Court’s warnings in Australian Mud Company v Coretell, Dowsett J has now dismissed Morellini’s claim for damages for unjustified threats.

Widespread dissatisfaction in US with Supreme Court’s patentable subject matter tests

The USPTO has published a report on its public review of the rules patent eligible subject matter under US law – what we would call a “manner of manufacture”.

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