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Bad Faith in Australia – A Brief Review of Recent Cases

The relatively new “bad faith” (section 62A) ground of opposition can be a strong basis for action against misappropriation of a trade mark owners’ goodwill, where the more commonly used grounds of deceptive similarity with an earlier mark (section 44) and likelihood of confusion due to reputation in an earlier mark (section 60) would fail.

Victoria Beckham Fails to Protect VB Trade Mark

Victoria Beckham has failed to prevent the registration of two ‘VB’ trade marks, despite the fact that the oppositions were effectively undefended.   The case, which is presently the subject of an appeal, concerned the trade marks depicted below:           The first mark sought registration for a wide range of cosmetics,

Hashtag Burgers Down-N-Out – Trade Mark Infringement, Misleading Conduct and Passing Off

In the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd, in considering whether use of Down-N-Out infringed a registration for In-N-Out, and amounted to misleading conduct and passing off, the Federal Court considered questions of: whether the alleged infringer’s intentions are relevant to assessing whether two trade marks are deceptively similar whether, despite

World Intellectual Property Day 2020 – Innovate for a Green Future

26 April is World Intellectual Property Day, WIPO’s annual celebration of all things IP.  This year, the theme is “innovate for a green future”.  WIPO’s website perhaps sums it up best: “World IP Day 2020 puts innovation – and the IP rights that support it – at the heart of efforts to create a green

Facebook wins on patentable subject matter despite generic computer implementation

In a recent Australian Patent Office decision of Facebook, Inc. [2020] APO 19 (21 April 2020), a Delegate for the Commissioner of Patents (the Delegate) found that claims to a method that helps applications share information are directed to patentable subject matter based on the technical improvement provided, despite concluding that the claims only required

It’s good to be heard – the APO determines section 40 requirements

The Australian Patent Office’s decision in The University of British Columbia [2020] APO 15 (20 March 2020) considers how the “raised bar” requirements of support (section 40(3)), enablement (section 40(2)(a)) and best method (section 40(2)(aa)) are to be assessed. The decision is a reminder that these requirements are now more onerous than they were previously

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