IPwars.com

Mainly intellectual property (IP) issues Down Under

Winnebago the damages or a reasonable royalty Down Under

Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s

When can an authorised user sue

An authorised user can sue for infringement without waiting for the registered owner’s failure to sue first.

Parallel imports – repackaging Down Under

Allsop CJ has held that Trojan’s repackaging of genuine cigars to meet Australia’s plain packaging laws is legitimate under the Trade Marks Act.

Harper Review: Government Response

The Government has accepted almost all of the Harper Review’s recommendations including the power to block parallel imports of books.

The word yellow is descriptive of online directories

The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.

Productivity Commission reviews IP

The Productivity Commission has released an issues paper for its inquiry into Intellectual Property Arrangements.

Little Brown Balls Bounced Again

Jessup J has ruled that MALTITOS may be registered for confectionary in the face of MALTESERS

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Sir Walter …

Yates J has upheld the Registrar’s refusal to register SIR WALTER for buffalo grass in class 31 on the grounds it lacked any capacity to distinguish and was not in fact distinctive.

Interlocutory Injunction to transfer domain name

Nicholas J has granted Thomas International an interlocutory injunction ordering Humantech to transfer the domain names, thomasinternational.com.au and thomas.co.za, to Thomas International. Thomas International had to give the usual undertakings and, as a foreign corporation, provide security for costs.