IPwars.com

Mainly intellectual property (IP) issues Down Under

The Federal Circuit Court can grant Mareva injunctions

An architect has obtained a Mareva injunction from the Federal Circuit Court to secure payment for his copyright work.

In which the lawyers don’t lose themselves

In which Eminem Esq is compared to Eminem – in Enzed

CLIPSO CLIPSAL-ed

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

The patent was not infringed

According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined.

A “new” Act designs case!

Nicholas J has ruled that by selling its Razor fan Martec has infringed Hunter Pacific’s registered design for a ceiling fan hub, ADR No. 340171.

A cylinder by any other name (except basket)

Beach J has ruled that there is no warrant for interpreting “basket” in GSK’s patent to mean “cylinder”, with the consequence that the patent was neither infringed, nor invalid.

When can an authorised user sue

An authorised user can sue for infringement without waiting for the registered owner’s failure to sue first.

Of flat nosed syringes or if at first you don’t succeed

Having had the interlocutory injunction he granted overturned on appeal, Rares J has now determined at the substantive trial that both of Glaxo’s syringe variants infringed Reckitt Benkiser’s “flat-nosed syringe” patent.

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.

Carving up an uncertified halal butcher

Perram J has awarded $10 nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.