Courtrooms and the America’s Cup – patent infringement set to be the latest out-of-water battle

The America’s Cup (the “Auld Mug”) is the world’s oldest sailing trophy and enjoys a storied history of fierce competition – both on and off the water.  Whereas legal drama throughout the years was previously restricted to claims of sabotage, subterfuge, cheating or some far-fetched interpretations of the “rules”, the upcoming 2021 event has thrown

Vanuatu Trade Mark Practice Update – New Maintenance Fee Requirement

On 1 March 2020, the Vanuatu Trade Marks Office (“VTMO”) announced the introduction of a new annual maintenance fee (“the AM Fee”) for all Vanuatu trade mark registrations.   The AM Fee has currently been set at US$35 and is due on or before the “anniversary date” of the trade mark. The anniversary date is

Names of Films – Trade Marks or Not Trade Marks?

LION   In the recent Trade Marks Office decision of Long Way Home Holdings Pty Ltd v Saroo Brierly Enterprises Pty Ltd [2020] ATMO 109, the issue of whether a film title functions as a trade mark has again been discussed.   The decision concerned a film called Lion, which is based on the story

Brand Protection and Criminal Offences

As IP practitioners, you have probably noticed counterfeit watches being sold at local markets, sometimes hidden from immediate view by the seller.  Over the past ~30 years, growth in online retailing (including third party retailers) has allowed counterfeiters to flourish and expand into goods such as footwear, leather goods, perfumes, jewellery and even pharmaceuticals.  A

Australian Patent Office considers the plausibility of Swiss-style claims

Gliknik, Inc. v CSL Behring Lengnau AG [2020] APO 46 (“Gliknik”) concerned a patent application for engineered proteins intended for use as replacements for intravenous immunoglobulin.  The application included claims directed to methods of treating autoimmune or inflammatory diseases as well as a Swiss-style claim directed to the same diseases.  Gliknik, Inc. opposed the application

WICKED v WICKED SISTER – Deceptive Similarity, Ownership and Removal

There was no sweet victory for the owners of the WICKED SISTER trade mark, used mostly for dairy desserts, in their attempt to prevent use of the WICKED trade mark for dipping sauces and related products.   The recent Federal Court case of PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2020] FCA 1078

Page 1 of 4612345...102030...Last »