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Litigation articles
118 articles found. You can filter these results or start your search again.
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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 … -
Apple v Samsung – why the Court temporarily banned the sale of an iPad rival
27 Oct 2011 |
In a decision handed down on 13 October 2011, Justice Annabelle Bennett of the Federal Court of Australia granted Apple, Inc … -
When a sign is part of the common heritage … or not?
24 Oct 2011 |
Mantra IP Pty Ltd (“Mantra”) successfully opposed registration of the trade mark applications CARMEN Q1 3504 and … -
Apple succeeds in preventing Samsung from releasing iPad competitor in Australia
13 Oct 2011 |
In a much anticipated judgment, Justice Annabelle Bennett of the Federal Court of Australia has granted Apple an … -
VIP Plastic Packaging wins patent infringement case against BMW Plastics
30 Sep 2011 |
On 10 June 2011, Federal Court determined that B.M.W. Plastics Pty Ltd ("BMW Plastics") infringed the principal … -
Overturned on appeal: Full Federal Court protects reputation in the get-up of Bodum coffee plunger
30 Sep 2011 |
On 5 August 2011, the majority of the Full Federal Court (Greenwood and Tracey JJ with Buchanan J dissenting) held that Bodum … -
New procedures encourage early dispute resolution in Australian federal courts
30 Sep 2011 |
As of 1 August 2011, most Federal Court and Federal Magistrates' Court litigants are required to file a "genuine … -
No constructive trust over copyright in photos and film created by trespassers
10 Aug 2011 |
In a decision handed down on 29 March 2011, the NSW Supreme Court held that a constructive trust did not arise in respect of … -
Claim construction and internal requirements of patent specifications: Full Federal Court reiterates principles
19 Jul 2011 |
In a recent decision concerning the infringement and validity of two patents for fish-stunning apparatus, the Full Federal … -
Providing the best method of performing an invention in patent specifications: how much detail is required?
05 Jul 2011 |
Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd (No 2) [2011] FCA 710 The Federal Court has recently heard a claim for … -
Cartridge reseller ordered to destroy infringing printer compatibility charts if copyright appeal unsuccessful
30 Jun 2011 |
Dynamic Supplies Pty Ltd v Tonnex International Pty Ltd (No. 2) [2011] FCA 675 ("Dynamic Supplies (No. 2)") The … -
Australian Government enhances alternative dispute resolution for patent disputes but rejects calls for a Patent Tribunal
21 Jun 2011 |
The Australian Government's recent response (PDF) to recommendations made last year by the Advisory Council on … -
A popular product doesn’t always mean a famous trade mark
17 Jun 2011 |
In a trade mark dispute spanning more than six years, brown-goods distributor Hills Industries (Hills) has had a pyrrhic … -
An interview with DCC partner Ian Pascarl
17 Jun 2011 |
Ian Pascarl has extensive experience in the area of intellectual property law disputes and transactions, lately with a strong … -
Three strikes policy for copyright infringement lands in New Zealand. Is Australia next?
30 May 2011 |
The New Zealand parliament has amended the Copyright Act 1994 (NZ) to introduce a ‘three strikes’ policy towards … -
Damages awarded for misuse of confidential information by former employees to create competing product
10 May 2011 |
The Federal Court has awarded damages to a RLA Polymers Pty Ltd, a flooring adhesives manufacturer, after finding that former … -
Overly precise pleadings in patent litigation confine damages claims against Bunnings
03 May 2011 |
Having succeeded in its patent infringement proceedings against Bunnings and others for their sale of flame effect heaters, … -
Federal Court: Cartridge reseller copied compilation of printer compatibility and misled with ‘Australian product’ claims
02 May 2011 |
A recent dispute between two printer cartridge resellers has demonstrated the types of human effort that must be shown in the … -
Federal Court revisits copyright damages principles in G-Star counterfeiting case
07 Apr 2011 |
A recent decision of the Federal Court concerning the sale of counterfeit “G-Star” branded clothing provides a … -
EMI unsuccessful in "Kookaburra" copyright infringement appeal Down Under
07 Apr 2011 |
EMI has lost an appeal to the full bench of the Federal Court against an earlier ruling that Men at Work’s famous pop … -
Delays cost Aventis interlocutory injunctions in patent infringment fight over anti-cancer drug
06 Apr 2011 |
In a salient warning to patentees about the dangers of delaying the enforcement of their patent rights, Justice Jagot of the … -
Woolworths' "Honest to Goodness" campaign survives balancing act
04 Apr 2011 |
In Organic Marketing Australia Pty Ltd v Woolworths Ltd [2011] FCA 279, Katzmann J refused the application by Organic … -
Roadshow Films appeals iiNet copyright decision to the High Court
28 Mar 2011 |
Following on from last month's loss in the Full Federal Court against Australian internet service provider iiNet, … -
Google faces French copyright fine for not removing infringing videos
24 Mar 2011 |
Less than two weeks after Attorney-General Robert McLelland flagged the expansion of Australia’s safe-harbour … -
Employees have no positive obligation to disclose competing ideas to employer
07 Mar 2011 |
In the recent decision of Blackmagic Design Pty Ltd v Overliese, the Full Federal Court held that employees do not have a …
