Trade mark licensing problems

Trident Seafoods has failed to get Trident Foods’ registrations for TRIDENT removed for non-use, but only because Gleeson J exercised her Honour’s discretion against removal.

CLIPSO CLIPSAL-ed

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

Selected links from last (couple of) weeks

A selection of the links I found interesting over the last couple of weeks

A trade mark licence requires actual control

The Full Federal Court has held that the licensor must actually excercise control over the licensee for a trade mark licence to be a valid licence.

Selected links from the last week

A selection of links to IP-related matters I found interesting this week

Court of Appeal orders ISPs to block access to trade mark infringing websites

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.

Productivity Commission reports on IP (in draft)

The Productivity Commission has released its draft report into Australia’s Intellectual Property Arrangements.

Primary Health Care is not registrable as a trade mark

You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of Australia. Primary Health Care Limited (PHC) applied to register PRIMARY HEALTH CARE and in class 35 for:[1] Medical centre business management; medical centre […]

Keywords Are Not Trade Mark Use

Katzmann J has ruled that keywords are not trade mark use, but found some of the sponsored links themselves infringed.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

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