When does use on a website infringe an Australian Trade Mark registration?

Lamont v Malishus & Ors (No.4) [2019] 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

Establishing trade mark ownership in Australia – EZ does (not do) it

MS Marketing Inc. v EZ Imports Pty Ltd [2019] 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

Australia’s Innovation Patent to be abolished by legislation now passed in Federal Parliament

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

Recent Changes to New Zealand Trade Mark Law

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

Tricks of the trade: Can you just do a quick search on …?

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

How New Zealand patent applicants can beat the 13 February 2020 fee hike

On 13 February 2020, the Intellectual Property Office of New Zealand (IPONZ) will increase many of its fees – and add several new ones.  As with any fee hike, some are justified more easily than others, some are “idiosyncratic” – and importantly, within the context of this article, some are avoidable altogether.   Specifically, if

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