The High Court has also refused RPL Central special leave to appeal from the Full Court’s rejection of its attempt to patent a method and system for Automated Collection of Evidence of Skills and Knowledge.
Moshinsky J has now extended the declarations and injunctions in the Playgro v Playgo proceedings to include the PLAYGO word mark, but refused orders to recall infringing products and for delivery up.
You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of Australia. Primary Health Care Limited (PHC) applied to register PRIMARY HEALTH CARE and in class 35 for: Medical centre business management; medical centre business administration; service provider to medical professionals, namely provider of: administrative support services, billing and.. Read More
PLAYGRO v PLAYGO Well, you’ll never guess what? It turns out that: is deceptively similar to: No April Fool’s. Now, maybe some of you (like me) are thinking, “Wait a minute, there must be ‘gazillions’ of trade marks for toys with PLAY in them. That’s true, but the second syllables of the verbal elements are just too close, both visually and aurally. As Moshinsky J explained: In my view, the.. Read More
Servier has lost what may be its last round in the arginine perindopril litigation against Apotex. Servier began the litigation back in 2007. Ultimately, it lost with its patent being found invalid on the ground that Servier had failed to disclose the best method of performing the invention. After that ruling, Servier applied to amend its patent to include the best method. Its application failed on discretionary grounds. Now, we.. Read More
What an Anton Piller order should look like
Perram J has rejected Dallas Buyers Club’s latest attempt to get permission to send those letters of demand out. Last time out, Perram J said DBC could get the names and addresses of the 4726 “downloaders” only if it gave undertakings to use the information for the purposes of resolving its infringement allegations. limited the demands for compensation to the retail price of a download and some part of the.. Read More
Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s
The Full Court (Dowsett, Kenny and Nicholas JJ) has upheld the Commonwealth’s power to sue for damages on the undertaking as to damages given by Sanofi and Wyeth when obtaining interlocutory injunctions against generic suppliers.
The grant of an exclusive territory did not require the franchisor to take steps to stop another franchisee selling in the territory