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Litigation articles
142 articles found. You can filter these results or start your search again.
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Trade mark and copyright owners benefit under new Australian Customs seizure procedures
08 May 2013 |
On 15 April 2013, some important (and positive) changes came into force regarding the Australian Customs seizure provisions … -
Federal Magistrates Court changes name to Federal Circuit Court
15 Apr 2013 |
On 12 April 2013, the Federal Magistrates Court of Australia changed its name to the Federal Circuit Court of Australia. The … -
Federal Court: Snack Foods' interlocutory injunction application unsuccessful in trade mark infringement case
10 Apr 2013 |
On 23 November 2012, Justice Foster of the Federal Court dismissed an application for injunctive relief by Snack Foods … -
High Court refuses special leave application by SNF; Ciba innovation patents stand
27 Mar 2013 |
In an earlier briefing, we reported that SNF had filed a special leave application in the High Court of Australia in a … -
Apple v Samsung patent litigation: Federal Court appoints two-judge panel
28 Feb 2013 |
On Monday 25 February 2013, Apple and Samsung returned to the Federal Court of Australia to resume their long-running patent … -
Lessons learned on website redirection and trade mark infringement
11 Feb 2013 |
In this ever evolving and highly competitive online environment, businesses are pulling out all the stops to get you to their … -
Reliance in patent litigation on experimental work referenced in specification
11 Feb 2013 |
The issue: use of the specification as proof of experimental work referred to in it. An important issue in the conduct of … -
Seafolly sues competitor over misleading and deceptive Facebook posts
08 Feb 2013 |
On 29 November 2012, the Federal Court held that comments posted by an individual on her personal Facebook page, and the page … -
Sunny Roo trade mark deceptively similar to Sunny Boy trade mark
08 Feb 2013 |
In a trade mark dispute having its origins in the Federal government's solar panel subsidy scheme, the Federal Court in … -
Google not responsible for misleading and deceptive Adword advertisements: High Court
06 Feb 2013 |
On 6 February 2013, in a much anticipated judgment, the High Court of Australia unanimously allowed Google's appeal from … -
Full Federal Court agrees that copyright subsists in original printer cartridge chart
30 Jan 2013 |
In a continuation of a battle between two printer cartridge resellers, the Full Federal Court has affirmed the legal … -
Federal Magistrates Court reforms: new name and expanded intellectual property jurisdiction
05 Dec 2012 |
Under legislation passed by Parliament in November 2012, the Federal Magistrates Court is soon to be renamed the Federal … -
Hospira ordered to withdraw PBS application pending determination of Novartis’ patent infringement claims
14 Nov 2012 |
The Federal Court has recently made orders restraining Hospira from promoting, supplying and obtaining PBS listing of … -
High Court denies Optus leave to appeal TV Now copyright decision
02 Oct 2012 |
In September, the High Court consisting of Justices Gummow, Bell and Hayne refused to grant Optus special leave to appeal the … -
After waiting 25 years, Winnebago is allowed to enforce its trade mark rights in Australia
13 Sep 2012 |
Back in 1985, Winnebago Industries, Inc became aware that Knott Investments Pty Ltd was using its "Winnebago" trade … -
Merck granted interlocutory relief to stop the alleged infringement of "Nasonex" patent
11 Sep 2012 |
Justice Jagot of the Federal Court has granted an interlocutory injunction prohibiting the promotion and sale of Apotex's … -
Apotex appeal fails: no implied license over Sanofi's copyright in leflunomide product information
27 Aug 2012 |
The Full Court of the Federal Court of Australia has recently confirmed that Apotex did not have an implied licence to copy … -
Brand owners responsible for user generated Facebook and Twitter content
16 Aug 2012 |
The Advertising Standards Bureau has recently determined that brand owners are responsible for ensuring that user generated … -
Terms of reference for ALRC copyright review released
18 Jul 2012 |
Recently we reported on the proposed ALRC Review of Australian copyright law to be led by Professor Jill McKeough. The final … -
Federal Court dismisses Sanitarium’s claim: granola not used as a trade mark
05 Jul 2012 |
The Federal Court of Australia has dismissed an application by Sanitarium Health Food Company alleging infringement by … -
Parallel importer guilty of trade mark infringement after importing 'Lonsdale' branded products
05 Jul 2012 |
The Federal Court of Australia has found Paul’s Retail Pty Ltd guilty of trade mark infringement for a second time this … -
Google granted leave to appeal to the High Court in Adwords case
05 Jul 2012 |
Search engine giant Google has been granted special leave to appeal a decision of the Full Federal Court which held it liable … -
Australian Federal Court hands down Markman-like decision on patent construction
08 Jun 2012 |
A recent judgment of the Federal Court of Australia has shown a willingness to hear and decide upon patent infringement cases … -
Mesoblast not allowed to appeal Revasc trade mark decision
05 Jun 2012 |
The Federal Court has recently refused Mesoblast's application for leave to appeal against Justice Jessup's decision … -
TiVo successful in Australian trade mark dispute: "Vivo" held to be deceptively similar
04 May 2012 |
In a decision that canvasses and helpfully clarifies many important aspects of Australian trade mark law - from deceptive … -
Google found liable for misleading and deceptive representations in AdWords sponsored links
04 May 2012 |
The Full Federal Court has unanimously held that search giant Google engaged in ‘misleading and deceptive … -
Full Court exercises its discretion to order removal of Wild Geese trade mark
16 Mar 2012 |
The Full Court of the Federal Court of Australia has recently overturned a decision to allow Lodestar's "Wild … -
Fed Court: Optus didn't infringe copyright, but AFL can liken it to "stealing"
06 Mar 2012 |
The copyright dispute involving Australian telecommunications provider Optus and Australian digital sports broadcasting … -
Sydney restaurant re-ordered to cease using Heston Blumenthal's "Fat Duck"
05 Mar 2012 |
A recent decision by the Federal Court of Australia involving the owners of renowned international chef Heston … -
Admissibility of survey evidence: Pacific Brands penalised for ignoring Court procedure
24 Jan 2012 |
The Federal Court of Australia has dismissed an application by Pacific Brands Footwear to prevent Adidas from relying upon …
