IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

What constitutes authorised use of a trade mark?

Perram J has reluctantly found that actual control of the licensee is not necessary and potential control will suffice for authorised use[3] under the Trade Marks Act 1995.

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.

IP Australia consults on red tape streamlining and costing

P Australia has issued consultation papers on removing red tape and other streamlining options

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.

Apple can’t register APP STORE as a trade mark in Australia

Yates J has held that APP STORE is descriptive, has no capacity to distinguish and is not registrable as a trade mark in Australia

Coke v Pepsi

Besanko J has dismissed Coke’s action against Pepsi over the shape of those bottles