Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020)

In the recent decision of Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) the Full Federal Court decided that the primary judge had erred in finding “honest concurrent” use of the CAESARSTONE mark.  The decision also considers the requirements for “quality control” and a finding of “authorised use”. Proceedings The decision

Australian Trade Mark Fee Changes

The Australian Trade Marks Office (‘IP Australia’) has recently announced official fee changes effective from 1 October 2020.   The most significant change is an increase to trade mark application fees. The official fees payable (per class) for a standard application are being raised from AU$330 to AU$400. This provides an even greater incentive to

Injecting preliminary discovery into patent infringement proceedings

Sovereign Hydroseal Pty Ltd v Steynberg [2020] FCA 1084   An application for preliminary discovery of documents relating to the constituents of a ‘sealing composition’ and methods of using it to seal passages was granted in circumstances where an exclusive licensee of the asserted patent suspected infringement by a third party based on past employment,

ACTAZIN v ActiPhen – A Tale of Two Cities or In The Ear of the Beholder

The New Zealand Court of Appeal has issued a decision that upholds decisions by the Trade Marks Office and High Court, finding that concurrent use of the trade marks ACTAZIN and ActiPhen is likely to cause confusion.   In Australia, a Trade Marks Office decision found that the marks are not deceptively similar. Is this

Update: New extended deadline of 30 September 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

IP Australia is providing free extensions of time of up to three months if a deadline cannot be met due to the effects of COVID-19.  The period for requesting such an extension has now been extended until 30 September 2020.  Depending on the ongoing impact of the COVID-19 pandemic, both in Australia and overseas, this

IP Australia Official Fee Changes – For Better or Worse…?

Official fees payable to IP Australia are changing as of 1 October 2020.  In this article, we cover off the changes in relation to patent fees only.  However, trade marks, designs and PBR fees will change also and will no doubt be the topic of other articles across our local industry.   Whereas the economic

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