Mainly intellectual property (IP) issues Down Under

Not a Comedy of Error

Robertson J has overturned the Registrar’s decision to cancel a number of trade mark registrations for VOKES[1] as errors wrongly made in the Register and ruled they were properly registered in Laminar’s name.

My Angel is a …*

Centrefold Entertainment’s registration of CENTREFOLD for adult entertainment services has been revoked as not capable of distinguishing

Primary Health Care

The Full Court has dismissed Primary Healthcare’s appeal from the decision rejecting its attempt to register “Primary Health Care” for medical services.

IP Amendment (Productivity Commission Part 1 …) Bill – exposure draft

First round of legislation to implement the Productivity Commission’s recommendations released for comment

AIPPI Sydney

AIPPI Congress in Sydney

ALDI lookalike survives moroccanoil, but is not natural

Aldi’s Moroccan Argan Oil lookalikes don’t infringe MIL’s trade marks or pass off, but made misleading performance claims and to be natural

Government consultation papers on patent and trade marks

IP Australia has published 5 consultation papers on how to implement some of the Productivity Commission’s recommendations accepted by the Government

A real estate franchise agreement

The Court of Appeal has ruled that Century 21 Australia and VRG were parties to a franchise agreement for the purposes of the Estate Agents Act 1980 (Vic.)

Shape not misleading

In adopting its new name, Shape Australia did not misrepresent that it was associated in some way with Shape Shopfitters or pass off the latter.

Shape shopped

Mortimer J has dismissed Shape Shopfitters claims against Shape Australia for misleading or deceptive conduct, passing off and trade mark infringement – a look at the trade mark infringement case.

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