IPwars.com

Mainly intellectual property (IP) issues Down Under

War

A barrister practising mainly in Australian patents, trade marks, copyright and other IP law; lecturer and contributing author to LexisNexis' Copyright & Designs and Patents looseleaf services

ALDI lookalike survives moroccanoil, but is not natural

Aldi’s Moroccan Argan Oil lookalikes don’t infringe MIL’s trade marks or pass off, but made misleading performance claims and to be natural

More consultations – copyright edition

Government issues consultations papers and exposure drafts of new copyright regulations, acts which will not circumvent technological protection measures and codes of conduct for collecting societies.

Government consultation papers on patent and trade marks

IP Australia has published 5 consultation papers on how to implement some of the Productivity Commission’s recommendations accepted by the Government

Unregistered design or registered design – UK

Over at the IpKat, Darren Meale has an extensive post explaining some of the intricate differences that arise when litigating an UK unregistered design right versus a registered design right. As he explains: But UKUDR is quite powerful. As noted above, a designer can essentially make up what it says its rights are once it has seen an alleged infringement appear on the market, and it can lawfully do so.. Read More

Government response to Productivity Commission IP report

The Commonwealth government has published its response to the Productivity Commission’s Final Report into Intellectual Property Arrangements

More third party website blocking injunctions

The movie companies claim they are now blocking access to 95% of the movie piracy websites following a second round of injunctions

A real estate franchise agreement

The Court of Appeal has ruled that Century 21 Australia and VRG were parties to a franchise agreement for the purposes of the Estate Agents Act 1980 (Vic.)

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 Рa 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?

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