IP Australia’s preliminary conclusion is that joing the Hague Agreement for the registration of designs will cost Australian consumers a lot more than Australian designers will benefit
Justice Carr in the UK has weighed into case management of design infringement cases in a big way.
The Court of Appeal has confirmed that the court’s general power to grant injunctions can be invoked by trade mark owners to get orders against ISPs to block internet access to website that have infringing content.
ACIP now recommends abolition of the innovation patent system
Besanko J has imposed fines ranging from $25,000 to $2,000 on Bob Jane and his companies for contempt of TM infringement injunctions
Jessup J has upheld the rejection of a patent for an auscultative method on grounds the claimed invention was insufficiently clearly disclosed.
Last October, Tracey J found that Shine Forever had infringed Bugatti’s registered trade mark (for BUGATTI) by selling clothing and accessories under the trade mark BUGATCHI and BUGATCHI UOMO. Now Tracey J has ordered that Shine Forever pay Bugatti $551,159.39 plus costs on an indemnity basis.
3 stripes v 4 stripes: the remedies – Robertson J has ordered a narrow injunction and reduced costs to 30% after finding 3 of 12 shoe styles infringed
The Full Federal Court (Finn, Sundberg and Edmonds JJ) has clarified how FCR O62 r 36A operates in IP infringement cases. FCR O62 r36A provides that the costs of a successful applicant which obtains an order for damages less than $100,000 will be reduced by one third, unless the Court otherwise orders. Nokia had sued Liu for trade mark infringement arising from a customs seizure. The proceedings settled by consent,.. Read More
VIP Plastic Packaging is suing BMW Plastics for infringing the former’s standard patent for a “Variable-length dip tube for a fluid transfer container”. BMW Plastics denies infringement and has counter-claimed for invalidity. Now, Kenny J has refused BMW Plastics’ attempt to get an order to have the Commissioner re-examine VIP Plastic Packaging’s patent. Section 97 provides for re-examination of a standard “patent” in 3 situations: following acceptance, but prior to grant;.. Read More