IPwars.com

Mainly intellectual property (IP) issues Down Under

Pham Global 2: the new law of substantial identity

The Full Court also indicated a substantially expanded role for the test of substantial identity in stating that Pham Global’s trade mark was substantially identical with Insight Clinical’s.

Copyright amendments passed

The Copyright Amendments (Disability Access and Other Measures) Bill 2017 has now been passed by both Houses of Parliament.

Another get-up case gets up

Homart’s CHÉRI get-up misrepresents an association with Careline’s CHANTELLE get-up

Print outs of third party websites ruled inadmissible

Mortimer J has ruled that print outs of third party websites are inadmissible as hearsay and, if not, excluded under s 135 of the Evidence Act as unduly prejudicial.

Annual IP Report 2017

IP Australia has published its Australian Intellectual Property Report 2017.

More safe harbour consultations

The Government is going to hold some more consultations on whether the copyright “safe harbours” for “carriage service providers” should be extended.

Accor gets its trade marks back

The Full Court has allowed Accor’s appeal for a decision expunging one of its trade marks and removing some of the services from others

CLIPSO CLIPSAL-ed

CLIPSO trade mark is expunged in the face of CLIPSAL in a segmented market

$3 million!

Valve has been fined $3 million for contraventions of the Australian Consumer Law consumer guarantees

Third party website blocking Down Under – second look

A closer look at Nicholas J’s decision in Roadshow v Telstra ordering access to third party offshore websites blocked