IPwars.com

Mainly intellectual property (IP) issues Down Under

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.

Major sporting events

Did you know there was a Major Sporting Events (Indicia and Images) Protection Bill 2014? It was introduced into Parliament on 26 March 2014.

Securities over IP

Transition period to register security interest claims over IP expires on 31 January 2014

Superman KOs “superman workout”

DC Comics, the owner of rights to the, er, man of steel character, has successfully blocked an attempt the register “superman workout” for “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” in class 41. It did have to appeal from the Registrar of Trade Marks to the Federal Court and it did not win for the reasons you might think. Like the Registrar, Bennett J rejected DC.. Read More

Raising the Bar update

Following the conclusion of consultations about the draft Intellectual Property Legislation Amendment Regulations (the regulations to implement the “Raising the Bar” amendments), IP Australia has published a document outlining the outcomes of the consultation process. The document outlines what IP Australia is proposing to do/implement in relation to:   Schedule 1   preliminary search and opinion search fee priority date other things   Schedule 3   filing of evidence in oppositions extensions of.. Read More

Raising the bar reg.s 2.2

Dr Summerfield has updated his marked up version of the reg.s to reflect the second tranche of the exposure draft regulations, here. He also draws attention to the shortening time frames the exposure draft regulations will introduce. You still need to get your comments in by 21 November 2012.

2nd tranche of Raising the Bar draft regulations

IP Australia today released the second tranche of exposure draft regulations implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. This tranche deals with schedule 3 (reducing delays in resolving patent and trade mark applications) and schedule 6 (simplifying the IP system). Comments still need to be submitted by 21 November 2012. Go here, and scroll down (past the first tranche if you already have them). Dr Summerfield prepared a marked up.. Read More

similar to or capable of being confused with

Idameneo (No. 789) won its appeal from Symbion. The competing trade marks can be viewed here. The Full Court agreed with the trial judge that the contractual restraint against using: any Mark similar to or capable of being confused with any of the Trade Marks or which contain the words SYMBION imposed a different standard to the trade mark infringement test of substantial identity or deceptive similarity. However, the Full Court did not treat it.. Read More

Trade marks and survey evidence in Australia

Adidas is suing Pacific Brands, alleging that the latter’s use of 3 stripes on footwear infringes Adidas’ registered trade marks for the “3 Stripes” (the judgment doesn’t identify which trade marks or the Pacific Brands’ product(s) in question). Adidas gave notice under CM-13 (this is .doc download link, but the terms of the practice note are also set out in the judgment) that it intended to conduct a consumer survey. It would appear that what.. Read More