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Lamont v Malishus & Ors (No.4)  FCCA 3206 On 14 November 2019, Manousaridis J of the Federal Circuit Court handed down his decision in the trade mark dispute over use of the name “MALISHUS”. The Court found infringement of MALISHUS trade mark registrations through use of that word in domain names and on
MS Marketing Inc. v EZ Imports Pty Ltd  ATMO 159 (8 November 2019) The Issue Competing companies separately engaged the services of the same Chinese contract manufacturer to produce a range of electric wheelchairs, mobility scooters and associated parts and accessories. EZ Imports Pty Ltd (“EZ”) sought to register a trade mark in
Welcome to Shelston IP’s round up of Australian trade mark cases for 2019. While there were plenty of cases in 2019, we have selected a few which we think are interesting and provide an indication of the types of issues dealt with by the Courts throughout the year. Please click here for a quick snapshot of each case followed by
Australia’s second-tier “innovation patent” – rumours of its demise have (unfortunately, not) been greatly exaggerated. The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has now passed with a clear majority through both houses of Australia’s Federal Parliament. The headline act of the new legislation is that
Trade mark owners should be aware of recent amendments to the New Zealand Trade Marks Act 2002 (TM Act), introduced under the Regulatory Systems (Economic Development) Amendment (No.2) Act. These changes, which came into effect on 13 January 2020, are summarised below. Renewal Grace Period The grace period to renew a New Zealand trade
I often hear that a patent search won’t take long, or it will be a small search, or get asked to do a quick search, and in some cases that’s probably right, but in other cases, by which I mean most, things are not always as small as they appear. I’m going to risk expulsion