IPwars.com

Mainly intellectual property (IP) issues Down Under

Pham Global 2: the new law of substantial identity

The Full Court also indicated a substantially expanded role for the test of substantial identity in stating that Pham Global’s trade mark was substantially identical with Insight Clinical’s.

Don’t file in the wrong applicant’s name

Filing a trade mark application by the wrong person invalidates the resulting registration

Print outs of third party websites ruled inadmissible

Mortimer J has ruled that print outs of third party websites are inadmissible as hearsay and, if not, excluded under s 135 of the Evidence Act as unduly prejudicial.

Accor gets its trade marks back

The Full Court has allowed Accor’s appeal for a decision expunging one of its trade marks and removing some of the services from others

Intellectual Property Laws Amendment Bill 2017 – exposure draft

An exposure draft of legislation to rationalise, simplify and de-anomalies Australia’s IP laws. And some other things.

Selected links from the last week (or so)

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

Are you carrying on business in Australia by registering a trade mark here

If you need authority for the proposition that registering a trade mark, or enforcing the rights under the registration, does not necessarily mean you are carrying on business in Australia, Besanko J may help you out.

Logan J has ruled that documents prepared by a firm of trade mark attorneys in connection with a domain name arbitration are not covered by trade marks attorney privilege

Dot Feedback

A couple of interesting points to think about if you are disputing a domain name registration in dot feedback

Selected links,from last week

Selected links from last week