IPwars.com

Mainly intellectual property (IP) issues Down Under

Shape shopped

Mortimer J has dismissed Shape Shopfitters claims against Shape Australia for misleading or deceptive conduct, passing off and trade mark infringement – a look at the trade mark infringement case.

Should Michelin’s X block Continental’s Xking?

Should Michelin’s “X” trade mark block registration and use of Continental’s “Xking” trade mark for tyres?

No damages for unjustified threats

Following on from the Full Court’s warnings in Australian Mud Company v Coretell, Dowsett J has now dismissed Morellini’s claim for damages for unjustified threats.

100 blogs about IP

Feedspot has posted a listing of 100 IP blogs from around the world.

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.

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