IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

The word yellow is descriptive of online directories

The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.

Little Brown Balls Bounced Again

Jessup J has ruled that MALTITOS may be registered for confectionary in the face of MALTESERS

Interlocutory Injunction to transfer domain name

Nicholas J has granted Thomas International an interlocutory injunction ordering Humantech to transfer the domain names, thomasinternational.com.au and thomas.co.za, to Thomas International. Thomas International had to give the usual undertakings and, as a foreign corporation, provide security for costs.

What constitutes authorised use of a trade mark?

Perram J has reluctantly found that actual control of the licensee is not necessary and potential control will suffice for authorised use[3] under the Trade Marks Act 1995.

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.

Apple can’t register APP STORE as a trade mark in Australia

Yates J has held that APP STORE is descriptive, has no capacity to distinguish and is not registrable as a trade mark in Australia