Mainly intellectual property (IP) issues Down Under

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.

Sanofi v Apotex – infringement

Sanofi v Apotex – infringement: The High Court overturned the rulings that Apotex infringed Sanofi’s patent for the treatment of psoriasis by supplying for treatment of RA and PsA.

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: did not “pass off”[2] REA Group’s logos: Nor did they infringe REA Group’s registered trade.. Read More

A designs case!

Jacobson J has found that Bluescope’s “Smartascreen” metal fencing panel infringed Gram Engineering’s Registered Design No. AU 121344 for a fencing panel as an obvious imitation. Perhaps the most interesting finding, however, is why the Smartascreen was not a fraudulent imitation. vs Gram’s design was registered in 1994, so this is an “old Act” case (invalidity here and infringement here). [1] At the time, it was the first fence panel.. Read More