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Mainly intellectual property (IP) issues Down Under

Selected links,from last week

Selected links from last week

Selected links from last week

Here is a selection of links to IP-related matters I found interesting last week

Selected links from last week

In case you missed the: A selection of links I found interesting last week

Repackaging into tobacco plain packaging is still parallel importing

The Full Court has dismissed Scandinavian Tobacco’s appeal from Allsop CJ’s ruling that Trojan’s repackaging of various genuine cigar products into conformity with Australia’s plain packaging laws is legitimate.

Now for the PLAYGO word mark

Moshinsky J has now extended the declarations and injunctions in the Playgro v Playgo proceedings to include the PLAYGO word mark, but refused orders to recall infringing products and for delivery up.

Playgro v Playgo

PLAYGRO v PLAYGO Well, you’ll never guess what? It turns out that: is deceptively similar to: No April Fool’s. Now, maybe some of you (like me) are thinking, “Wait a minute, there must be ‘gazillions’ of trade marks for toys with PLAY in them. That’s true, but the second syllables of the verbal elements are just too close, both visually and aurally. As Moshinsky J explained: In my view, the.. Read More

Australia Wins Philip Morris’ Challenge Against tobacco plain packaging

Australia Wins Philip Morris’ Challenge Against tobacco plain packaging

Winnebago the damages or a reasonable royalty Down Under

Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s

When can an authorised user sue

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

Parallel imports – repackaging Down Under

Allsop CJ has held that Trojan’s repackaging of genuine cigars to meet Australia’s plain packaging laws is legitimate under the Trade Marks Act.