Archive for the ‘Enforcement’ Category

Buy Valium No Prescription

Friday, September 3rd, 2010

Patentology Buy Valium No Prescription, looks at the problems that arise with serving documents in Opposition proceedings before the Commissioner / Registrar (i.e. IP Australia) (a) electronically and (b) outside business hours, where can i buy Valium online. Where can i order Valium without prescription, Obviously (well, not so obviously when you're used to dealing with the pragmatic approach of the Federal Court), order Valium online c.o.d, Buy generic Valium, if the material is served outside business hours, it is not served until the next business day, where can i buy cheapest Valium online, Online buy Valium without a prescription, but it may be even more complicated if you are trying to effect service electronically.

All very quaint and so 19th century, Valium from canadian pharmacy, Buy cheapest Valium, but fatal.

The rules are rather different than, purchase Valium online no prescription, Buy no prescription Valium online, for example, the postal rules which apply in a contractual relationship; but it isn't really a contractual relationship, buy Valium online cod. Rx free Valium, Where personal service is not required, the Federal Court Rules (O7 r4 and 4A) permit service by document exchange, buy cheap Valium no rx, Buy Valium from mexico, facsimile or email, however, where can i find Valium online, Order Valium no prescription, they (O7 r7) require that the party on whom service is to be effected to have specified the facsimile number or email address to have been specified in a Notice. O7 r4 and 4A also make provision for the time of service, Valium for sale. Purchase Valium online, I suspect, however, buy Valium online no prescription, Order Valium, that these are deemed times of service which would be displaced if one could prove an earlier time of service. Valium over the counter. Valium samples. Order Valium from mexican pharmacy. Valium pharmacy. Valium price. Buy Valium in canada. Australia, uk, us, usa, canada, mexico, india, craiglist, ebay, paypal. Buy Valium no prescription. Buy Valium without a prescription. Online buying Valium.

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Buy Clomid No Prescription

Wednesday, June 16th, 2010

Buy Clomid No Prescription, The Commonwealth Attorney-General introduced the Civil Dispute Resolution Bill 2010 into Parliament today which, if enacted, will require:


  1. applicants in civil proceedings in the Federal Court and the Federal Magistrates Court to file a genuine steps statement before the hearing date specified in the Application when the application is filed (thanks, Tim);

  2. respondents to file a genuine steps statement before the hearing date stating whether or not they agree with the applicants' statements; and

  3. lawyers to advise people who are required to file genuine steps statements of the requirement and to assist them in complying with their obligations.


A genuine steps statement will not be required where the proceeding relates wholly to "excluded proceedings": clauses 15 - 17 provide lists of excluded proceedings and a power for regulations to prescribe further proceedings.

An applicant's genuine steps statement must set out the steps that have been taken to try to resolve the dispute before commencing proceedings or why no such steps were taken, where can i order Clomid without prescription. Clomid price, The Bill does recognise, however, Clomid samples, Buy generic Clomid, that what will constitute "genuine steps" in any particular case will depend on the circumstances of that case. The EM states in relation to cl, buy Clomid no prescription. Clomid over the counter, 4:

The Bill does not prescribe specific steps to be undertaken. Rather, it is intentionally flexible to enable parties to turn their minds to what they can do to attempt to resolve the dispute, Buy Clomid No Prescription. This is to ensure that the focus is on resolution and identifying the central issues without incurring unnecessary upfront costs, buy Clomid from mexico, Buy cheapest Clomid, which has been a criticism of compulsory pre-action protocols.


A failure to provide a genuine steps statement would not automatically invalidate the application or defence/response.  However, rx free Clomid, Where can i find Clomid online, in exercising its powers in relation to the proceeding, by cl, online buying Clomid. Order Clomid from mexican pharmacy, 11 the court may have regard to whether a genuine steps statement was filed (when required) and whether genuine steps were in fact taken. In addition to referall of the dispute to ADR, purchase Clomid online no prescription, Where can i buy Clomid online, the EM at [45] gives as examples of ways the power may be exercised:


  • setting time limits for the doing of anything, or the completion of any part of the proceeding

  • dismissing the proceeding in whole or in part

  • striking out, online buy Clomid without a prescription, Buy no prescription Clomid online, amending or limiting any part of a party’s claim or defence

  • disallowing or rejecting any evidence, and

  • ordering a party to produce to it a document in the possession, order Clomid, Buy Clomid online no prescription, custody or control of the party.



The NADRAC report contemplated that courts might use this information in various ways such as tailored orders for the provision of necessary information without requiring or fostering costly discovery processes. Buy Clomid No Prescription, This, and other measures contemplated, are already within the courts' powers so, at least this far, the bill seems to be an instrument to encourage cultural change. Indeed, order Clomid online c.o.d, Clomid pharmacy, this is made explicit in relation to cl. 12 - the court's powers to award costs:

The court may also have regard to whether a genuine steps statement was filed (when required) and whether genuine steps were in fact taken when exercising its powers to award costs, buy Clomid online cod. Buy Clomid in canada, Furthermore, the court may order costs personally against a lawyer who fails to comply with his or her duties, buy Clomid without a prescription. Order Clomid no prescription, The EM states that these provisions are intended "to bring about a cultural change in the conduct of litigation so that parties are focused on resolving disputes as early as possible."

Clause 14 seeks to preserve the "without prejudice" privilege for negotiations to settle.

So far as IP goes, Clomid for sale, Purchase Clomid online, "ex parte" applications are within the definition of "excluded proceedings", so some Anton Piller and Mareva situations will not be affected, Clomid from canadian pharmacy. Buy cheap Clomid no rx, IP litigation is usually preceded by letters of demand. This (and the resulting rejection) may well fall within, australia, uk, us, usa, canada, mexico, india, craiglist, ebay, paypal, Where can i buy cheapest Clomid online, if suitably drawn, the first two or three examples given in cl 4:


  1. notifying the other person of the issues that are, or may be, in dispute, and offering to discuss them, with a view to resolving the dispute;

  2. responding appropriately to any such notification;


  3. providing relevant information and documents to the other person to enable the other person to understand the issues involved and how the dispute might be resolved.


The discussion of these matters in the NADRAC report identifies a tension perceived in the UK between reducing some court backlogs while imposing onerous costs obligations on parties before the litigation commences.

Civil Dispute Resolution Bill 2010 (html) (pdf)

EM (html) (pdf)

Press release

Some further background and consideration of the thinking behind the legislation may be found in the NADRAC report.

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Buy Cialis No Prescription

Friday, June 4th, 2010

Buy Cialis No Prescription, The press is reporting that a Federal Magistrate has allowed a child support application to be served on a "Mr Howard" by Facebook.

Following service, where can i order Cialis without prescription, Buy cheapest Cialis, "Mr Howard" shut down his Facebook and MySpace accounts.

See the Age, Cialis from canadian pharmacy, Buy Cialis in canada, Sydney Morning Herald.

The reports say the judgment was published last month; but I haven't found a link to it yet.

Byrne & Howard [2010] FMCAfam 509

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Buy Ultram No Prescription

Monday, May 31st, 2010

DFAT (the Department of Foreign Affairs and Trade) will be holding "whole of government" consultations on the draft ACTA text on 11 June Buy Ultram No Prescription, 2010 in Canberra, commencing at 10.00a.m.

If you're a stakeholder wanting to be consulted, buy Ultram no prescription, Buy Ultram without a prescription, register by COB 9 June.

For the contact "co-ordinates", where can i find Ultram online, Online buying Ultram, here.

For the draft ACTA text and other interesting ACTA-tidbits, buy Ultram from mexico, Buy no prescription Ultram online, here. Ultram for sale. Buy generic Ultram. Purchase Ultram online no prescription. Online buy Ultram without a prescription. Buy Ultram online no prescription. Order Ultram. Where can i order Ultram without prescription. Australia, uk, us, usa, canada, mexico, india, craiglist, ebay, paypal. Order Ultram from mexican pharmacy. Ultram price. Where can i buy cheapest Ultram online. Buy cheapest Ultram. Purchase Ultram online. Buy Ultram online cod. Ultram over the counter. Where can i buy Ultram online. Ultram pharmacy. Ultram from canadian pharmacy. Buy cheap Ultram no rx. Order Ultram no prescription. Buy Ultram in canada. Ultram samples. Order Ultram online c.o.d. Rx free Ultram.

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Buy Nasonex No Prescription

Friday, May 28th, 2010

Buy Nasonex No Prescription, Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, Nasonex from canadian pharmacy, Online buy Nasonex without a prescription, however, an exception permitting court action in the case of "urgent interlocutory and declaratory relief", buy Nasonex online cod. Buy cheap Nasonex no rx, So, when one party to the agreement rushes off to Court to enforce some position instead of arbitration, buy Nasonex in canada, Buy Nasonex no prescription, the court case often becomes as much about whether the Court has jurisdiction or the action should be stayed while the parties go off to mediation and/or arbitration. Correspondingly, buy Nasonex from mexico, Purchase Nasonex online, before you rush off to Court, it is important to know whether the expense will be wasted because you should have gone to mediation/arbitration, rx free Nasonex. Where can i buy Nasonex online, In a case concerning a dispute about the terms of a charter party (and not IP), the Victorian Court of Appeal has ruled that the word "urgent" in such a clause applies to both "interlocutory relief" and "declaratory relief" distributively, order Nasonex. Buy Nasonex online no prescription, That is, a party cannot apply to the courts for a declaration, Nasonex for sale, Order Nasonex no prescription, the declaration must "urgent".

The Court endorsed the view of Lord Woolf LCJ that "interim declarations" can be granted, buy no prescription Nasonex online, Nasonex price, and continued:

[24] Even if it were accepted that an interlocutory or interim declaration is not available in Australia, this would not, order Nasonex online c.o.d, Online buying Nasonex, in our opinion, exclude the possibility of a declaration of rights in the course of interlocutory proceedings where the declaration finally determines an aspect of matters in dispute and does not operate only as a declaration for the interim.9 In our opinion a declaration of this type could sensibly be described as “urgent”.


[25] In the context of an arbitration agreement this is likely to be the type of urgent declaratory relief contemplated, Nasonex over the counter, Buy generic Nasonex, as the authorities indicate difficulty in enforcing awards that do not finally determine a matter in dispute, even though the award may only be a partial award with respect to the totality of matters in dispute.10


Apparently, where can i order Nasonex without prescription, Buy Nasonex without a prescription, whether or not the matter is urgent is to be determined objectively and the party seeking relief must have formed a reasonable opinion that the relief (ie., the declaration) was necessary for the protection of its rights, buy cheapest Nasonex. Australia, uk, us, usa, canada, mexico, india, craiglist, ebay, paypal, AED Oil Limited & Anor v Puffin FPSO Limited [2010] VSCA 37. Where can i find Nasonex online. Nasonex samples. Nasonex pharmacy. Purchase Nasonex online no prescription. Order Nasonex from mexican pharmacy. Where can i buy cheapest Nasonex online.

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Buy Acomplia No Prescription

Wednesday, April 28th, 2010

Buy Acomplia No Prescription, IP disputes often involve the (alleged) infringer providing undertakings or being subjected to injunctions to stop infringing the IP in the future. The sanction for non-compliance being (potentially) contempt of court, purchase Acomplia online no prescription. Where can i buy cheapest Acomplia online, The long running Deckers litigation has now reached the point where Tracey J has found a number of the respondents in contempt of court for breaching undertakings and injunctions from litigation in 2003, 2004 and 2007, order Acomplia. Buy no prescription Acomplia online, His Honour's reasons provide a useful guide to prove the contempt(s). Unfortunately, rx free Acomplia, Online buying Acomplia, it looks like there will need to be another hearing to establish the penalty.

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Monday, April 12th, 2010

Buy Petcam No Prescription, Global Brands is still suing YD Pty Ltd. Where can i buy Petcam online, The trial on quantum for infringement of registered design was almost due to start when YD applied to amend.

After YD admitted it had infringed Global Brands' registered design, buy Petcam in canada, Online buying Petcam, YD discovered, over 9 months earlier, rx free Petcam, Order Petcam online c.o.d, that Global Brands had entered into a settlement agreement with Pegasus/Coastal relating to Global Brands allegations that Pegasus/Coastal had infringed the same registered design. The settlement agreement was in fairly typical terms:

the parties (and any related body corporate as that term is defined in s 9 of the Corporations Act 2001 (Cth) (Related Bodies Corporate) hereby permanently release and forever discharge each other, Petcam pharmacy, Petcam for sale, their Related Bodies Corporate, directors, where can i order Petcam without prescription, Buy Petcam online no prescription, customers, servants and agents from and against all and any claim cause of action liability suit or demand which the parties .., order Petcam no prescription. Order Petcam, have or but for this deed may have had against each other...their customers servants or agents prior to the date of this deed for or in respect of or arising out of the subject matter or the conduct of the proceeding and the cross claim.


YD claims that Pegasus/Coastal supplied the infringing products to it and so it was a customer within the terms of the release. Pegasus/Coastal apparently did not want to become embroiled in the litigation, Buy Petcam No Prescription. The amendment was to join Pegasus/Coastal as a respondent and to rely on the release, australia, uk, us, usa, canada, mexico, india, craiglist, ebay, paypal. Buy Petcam without a prescription, Dodds-Streeton J has granted leave to amend, finding that YD although not a party to the settlement deed could rely on it as a special exception to the rules on privity, buy no prescription Petcam online, Buy generic Petcam, so long as Pegasus/Coastal was joined as a respondent.

Aon Risk Services was distinguished:

In all the unusual circumstances of this case, online buy Petcam without a prescription, Buy Petcam online cod, including:

the existence of the release, its apparent relevance as the basis for an arguable claim; its relatively circumscribed scope; the respondents’ belated knowledge of the deed and their conduct thereafter; the impact of the decision in Airberg only recently appreciated by the respondents’ counsel; the applicants’ preference that the quantum trial should not proceed if the amendments be allowed; the fact that although the proceeding has been long on foot, buy cheap Petcam no rx, Buy Petcam from mexico, there has already been one trial and the parties have apparently acquiesced in various stages of non-progression:

in my opinion, weighing all relevant matters, buy Petcam no prescription, Petcam over the counter, including the nature and importance of the amendment to the respondents, notwithstanding the delay, buy cheapest Petcam, Purchase Petcam online no prescription, wasted costs and prejudice to the applicants (which may not be wholly compensable by a costs order) the respondents’ applications to amend and to join Pegasus should be allowed.

Global Brands apparently denies that YD is a "customer" and, in any event, purchase Petcam online, Where can i find Petcam online, apparently intends seeking rectification to exclude the term as a "mistake".

All this has led to the vacating of the trial date, Petcam from canadian pharmacy. Order Petcam from mexican pharmacy, Global Brand Marketing Inc v YD Pty Limited [2010] FCA 323. Where can i buy cheapest Petcam online. Petcam price. Petcam samples.

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Customs seizure and trade marks

Thursday, December 24th, 2009

In two ex parte applications, Greenwood J granted interlocutory injunctions restraining Customs from releasing imported goods which allegedly infringe a trade mark.

The interesting point is that the proceedings for infringement were not brought within the "action period" specified in by s 137 of the Trade Marks Act. Greenwood J reasoned:

Section 136 is headed “Release of Goods to Owner – No Action for Infringement and s 137 is headed “Action for Infringement of Trade Mark”. Some discussion has arisen in earlier authorities, including Jemella v Mackinnon & Another [2008] FCA 1022; 77 IPR 243, in which Logan J had to consider whether non-compliance with these provisions as to commencement and notification within the extension period, might have the effect of depriving the applicant of its standing to maintain infringement proceedings. I am satisfied that ss 136 and 137, taken together, do not deprive the applicant of its standing to maintain proceedings for infringement of the trade mark. Section 137 is not a primary empowering provision conferring rights of action in the applicant. It is permissive in the context in which it appears. Those rights are conferred by s 20 and the provisions of Part 12 of the Trade Marks Act. Section 137 recognises that a trade mark owner may elect to bring proceedings and ss 136 and 137 address what is to occur in the circumstances of those sections in respect of seized goods if the relevant steps are not taken. However, the provisions should be read subject to an order that might be made under s 137(5) to, in effect, preserve the status quo in circumstances where the Court is satisfied that there is a prima facie case of infringement. Nevertheless, a question arises as to whether it is appropriate to make an order directed to the Customs CEO preventing the goods from being released, in all the circumstances, in the exercise of discretion, when s 136 imposes a statutory obligation upon the Customs CEO to release the goods in the circumstances there identified and s 137 imposes time constraints. That directs attention to the merits.

That is, the foundation of the right to be protected by the interlocutory injunction was the right to sue for infringement of the registered trade mark - a right conferred by ss 20 and 120; s 137 merely facilitated that primary right.

Jemella Australia Pty Ltd v Bouobeid [2009] FCA 1567

Jemella Australia Pty Ltd v Daizli [2009] FCA 1566

In the Daizli action there is a further complication that the respondents seem to be out of the jurisdiction for some time. His Honour also refers to products being offered for sale on eBay. But, other than those products being alleged to be infringing, I'm not sure what particular significance that has.

Trade marks as security for costs

Tuesday, November 17th, 2009
Lindgren J has ordered that the owners of the WILD TURKEY trade mark (which those of you who drink bourbon may be familiar with) provide security for costs before they can pursue their Federal Court application to have WILD GEESE removed from the Register of Trade Marks. Lindgren J accepted that the owners, members of the international Pernod Ricard or Davide Campari groups, would have sufficient funds to satisfy an order of costs if they were unsuccessful. However, the purpose of s 56 of the Federal Court of Australia Act was to ensure that there was a fund available within Australia to satisfy the costs order. His Honour accepted that there were procedures available to enforce money judgments against the owners in their home base(s) eg New York, but those procedures placed an additional burden on a party seeking satisfaction of a costs order over and above the difficulties a party litigating against an Australian based entity would incur. Lindgren J then rejected the owners' argument that their registered trade marks in Australia were sufficiently liquid assets within the jurisdiction. They were indeed assets, but they were not "sufficiently liquid".

44 With respect, the applicants’ submissions fail to grapple with the critical question whether the bare trade marks would be readily convertible into cash by sale to satisfy an adverse order for costs.

45 The evidence to which the applicants refer is not evidence of a sale of the trade marks as items of property distinct from a sale of the underlying business.

46 Considerable difficulty might be experienced in realising the trade marks if Lodestar ever had to take that course. The underlying business would remain that of Rare Breed. A prospective buyer of the trade marks would know that Rare Breed would remain a competitor in the Australian market, albeit under a mark or name dissimilar to the trade marks.

47 Moreover, the only prospective buyers would be sizeable corporations that were in the same line of business in Australia or wished to embark upon such a line of business in Australia. If they already traded under a trade mark or business name, they might not be prepared to abandon it in order to buy and use Rare Breed’s trade marks. Would they be interested to acquire those trade marks in addition?

48 It may be that a receiver would eventually be able to sell the trade marks but the course of doing so would or might well be fraught with considerable difficulty and delay.

With respect, the applicants’ submissions fail to grapple with the critical question whether the bare trade marks would be readily convertible into cash by sale to satisfy an adverse order for costs.
The evidence to which the applicants refer is not evidence of a sale of the trade marks as items of property distinct from a sale of the underlying business.
Considerable difficulty might be experienced in realising the trade marks if Lodestar ever had to take that course. The underlying business would remain that of Rare Breed. A prospective buyer of the trade marks would know that Rare Breed would remain a competitor in the Australian market, albeit under a mark or name dissimilar to the trade marks.
Moreover, the only prospective buyers would be sizeable corporations that were in the same line of business in Australia or wished to embark upon such a line of business in Australia. If they already traded under a trade mark or business name, they might not be prepared to abandon it in order to buy and use Rare Breed’s trade marks. Would they be interested to acquire those trade marks in addition?
It may be that a receiver would eventually be able to sell the trade marks but the course of doing so would or might well be fraught with considerable difficulty and delay.
Similarly, his Honour rejected the Australian distribution rights for Wild Turkey. Austin, Nichols & Co Inc v Lodestar Anstalt [2009] FCA 1228 Lid dip POF

Costs, (no damages) and IP cases

Tuesday, October 6th, 2009
The Full Federal Court (Finn, Sundberg and Edmonds JJ) has clarified how FCR O62 r 36A operates in IP infringement cases. FCR O62 r36A provides that the costs of a successful applicant which obtains an order for damages less than $100,000 will be reduced by one third, unless the Court otherwise orders. Nokia had sued Liu for trade mark infringement arising from a customs seizure. The proceedings settled by consent, with injunctions and delivery up. Nokia pursued damages, but obtained only nominal damages as it was unable to obtain discovery of importation in significant quantities. The trial judge refused to allow Nokia any costs of the damages inquiry. The Full Federal Court has allowed an appeal, awarding Nokia its (taxed) costs up to the consent judgment and completion of discovery about damages; thereafter costs were at the reduced rate. The Full Court considered that costs of the trial up to and including the consent orders should be at the usual taxed rate, without the 1/3 reduction because it was common in IP cases for trials to be split - a trial on liability and (if successful) an injunction and a subsequent trial about damages (or an account) and  applicants were required to particularise only a single instance of infringement. The Full Court considered the remedy of injunction "indispensable". It was also appropriate for the proceedings to be brought in one of the "prescribed courts", customarily the Federal Court and it was not apparent that it would have been sensible for the matter to be referred down to the Federal Magistrates Court (unlike in copyright proceedings where the Federal Magistrates Court has direct jurisdiction). Nokia was also entitled to costs of the damages inquiry at least until completion of discovery as it was legitimate and, until it had discovery, it could not have known of the futility. Once discovery was completed, it knew the risks it was running and, given the amount recovered, it was inappropriate to exercise the discretion not to limit the costs of that part of the proceeding by 1/3. Nokia Corporation v Liu [2009] FCAFC 138