Filing a trade mark application by the wrong person invalidates the resulting registration
Nicholas J stays dissolution of interlocutory injunction pending Otsuka’s appeal from invalidity of aripiprazole patent judgment. Commonwealth gets security for undertaking as to damages.
Where do you appeal to? The Registrar of Trade Marks has successfully applied for dismissal of ADJR Act proceedings challenging decisions to revoke registrations and the acceptance of trade marks. The Registrar used her powers under section 84A to revoke the registration of 8 of FPInnovation’s trade marks. Then the Registrar used her powers under s 84C to revoke their acceptance. (The Group A trade marks.) The Registrar also used.. Read More
Mr Spagnuolo has been granted “special” leave to appeal to the Full Court from Reeves J’s dismissal of his opposition to Mantra registering Q1 for a range of accommodation, travel and holiday services. Some background Q1 is another one of those “iconic” high rise apartment buildings on the Gold Coast. Its 78 levels boast 526 residential apartments, a retail shopping plaza and a resort / conference complex. In addition to.. Read More
Apple’s application for special leave to appeal from the Full Federal Court’s decision to discharge the interlocutory injunction granted by Bennett J will be heard on Friday, 9 December 2011 in Sydney. In granting the stay on the Full Federal Court’s orders, Heydon J pointed out that the fact that 2 experienced patent judges had reached opposition conclusions, in circumstances which his Honour characterised as the appeal court not disturbing.. Read More
The High Court has extended the stay on the Full Federal Court’s dissolution of the injunction against Samsung’s Galaxy Tab 10.1 for another 7 days.
The Full Federal Court (Dowsett, Foster and Yates JJ) has allowed Samsung’s appeal from Bennett J’s decision and discharged the interlocutory injunctions against the Galaxy Tab 10.1. On a first read, it looks like a “close run” thing. It also appears the grant of (interlocutory) injunctions for patent infringement in Australia may well be increasingly influenced in the future by the sorts of issues highlighted by the US Supreme Court.. Read More
Lander J has upheld the Registrar’s decision to allow Bitech to register DIGITEK for “TV installation accessories including external TV antennas, none of the foregoing being set-top boxes” in class 9 in the face of Hills’ prior registration for DGTEC, DGTEK and DGTECH in respect of “Digital and electronic products including televisions, video players, DVD players, CD players, decoders and cameras” also in class 9. While the competing marks were deceptively similar,.. Read More
Adrian Crooks, at IPnow, provides his summary of Besanko J’s ruling in Aspirating IP v Vision Systems  FCA 1061.
If there were any doubt about it, the Full Federal Court has confirmed that the person opposing the registration of a trade mark bears the onus of proving a successful ground of opposition on appeal to the Court. (As a side note, I think this is the new Chief Justice’s first IP decision, at least since joining this Court.) The Food Channel Pty Ltd (Channel) had applied to register TM.. Read More