IP Law articles

• Admissibility of survey evidence: Pacific Brands penalised for ignoring Court procedure | Legal briefing

  24 Jan 2012 - Adidas AG v Pacific Brands Footwear Pty Ltd [2011] FCA 1205 The Federal Court of Australia has dismissed an applicatio…

• Symbion undone by Full Court's "ordinary person" approach to comparison of trade marks | Legal briefing

  10 Jan 2012 - The Full Court of the Federal Court of Australia has overturned the trial Judge's decision in Symbion Pharmacy Service…

• Personal Property Securities Act commences 30 January 2012: 4 ways to prepare | Legal briefing

  09 Jan 2012 - In 2009, the Federal Government passed the Personal Property Securities Act (PPSA) which fundamentally changes the landsca…

• ISPs propose “5 strikes and you’re warned” infringement policy; copyright owners unsatisfied | Legal briefing

  05 Dec 2011 - An alliance of ISPs has proposed a self-regulated scheme to warn infringing users about the potential consequences of thei…

• It’s over: High Court will not hear Kookaburra v Down Under copyright appeal | Legal briefing

  29 Nov 2011 - EMI Songs Australia Pty Limited & Anor v Larrikin Music Publishing Pty Ltd [2011] HCATrans 284 The coda of the &ls…

• Commencement date for new Personal Property Securities regime looms nearer | Legal briefing

  28 Nov 2011 - On 24 November 2011, the Senate passed a Bill to amend the Personal Property Securities Act 2009 (Cth) (PPSA) to give the…

• Google “victorious” in Sponsored Links dispute with ACCC; appeal on foot | Legal briefing

  28 Oct 2011 - Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd and Google, Inc [2011] FCA 1086 In a h…

• Apple v Samsung – why the Court temporarily banned the sale of an iPad rival | Legal briefing

  27 Oct 2011 - Apple Inc v Samsung Electronics Co. Limited [2011] FCA 1164 In a decision handed down on 13 October 2011, Justice Anna…

• Protecting brands on Google: a practical guide | Legal briefing

  06 Oct 2011 - Ensuring visibility on search engines’ result pages has become a core component of any online marketing strategy. Co…

• Spotless manager faces $100k bill for breaching duties of fidelity, confidentiality | Legal briefing

  03 Oct 2011 - Spotless Group Limited v Blanco Catering Pty Ltd [2011] FCA 979 Whilst clarity of thought often only comes with hindsi…

• Overturned on appeal: Full Federal Court protects reputation in the get-up of Bodum coffee plunger | Legal briefing

  30 Sep 2011 - Bodum v DKSH Australia Pty Limited [2011] FCAFC 98 On 5 August 2011, the majority of the Full Federal Court (Greenwood…

• Sanofi-Aventis v Apotex: method of treatment claim found valid and infringed | Legal briefing

  30 Sep 2011 - Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No. 3) [2011] FCA 846 In a decision which considers both patent a…

• New procedures encourage early dispute resolution in Australian federal courts | Legal briefing

  30 Sep 2011 - As of 1 August 2011, most Federal Court and Federal Magistrates' Court litigants are required to file a "genuine…

• Mitre 10 refused injunction against Masters: newcomer's get up not misleading and deceptive | Legal briefing

  26 Sep 2011 - Mitre 10 Australia Pty Ltd v Masters Home Improvement Australia Pty Ltd [2011] VSC 343 (Macaulay J) The Victorian Supr…

• False “Australian Made” claims cost internet retailer of Chinese ugg boots | Legal briefing

  21 Sep 2011 - An online retailer of iconic ugg boots has been penalised for $430,000 by the Federal Court after falsely and misleadingly…

• Roadshow v iiNet: landmark copyright infringement authorisation case set for High Court | Legal briefing

  08 Sep 2011 - The Australian High Court has granted special leave to Roadshow Films and other members of the Australian Federation again…

• High Court refuses application for leave to appeal Telstra v PDC | Legal briefing

  02 Sep 2011 - The High Court this morning refused Telstra's application for leave to appeal the Full Federal Court's decision in…

• No constructive trust over copyright in photos and film created by trespassers | Legal briefing

  10 Aug 2011 - Windridge Farm Pty Ltd v Grassi & Ors [2011] NSWSC 196 In a decision handed down on 29 March 2011, the NSW Supreme…

• Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 introduced into the Senate | Legal briefing

  08 Aug 2011 - On 22 June 2011 the much anticipated "Raising the Bar Bill" was introduced into the Senate. The stated aim of th…

• Changes to the Australian Trade Marks Act 1995 | Legal briefing

  19 Jul 2011 - Since June 2009, IP Australia has been working towards reforming case management for trade mark oppositions. The Bill cont…

• Australian Competition and Consumer Commission flexes its muscles | Legal briefing

  11 Jul 2011 - ACCC v Marksun Australia Pty Ltd [2011] FCA 695 (June 23 2011) The Australian Competition and Consumer Commission (ACC…

• Davies Collison Cave 2011 staff appointments | DCC news

  06 Jul 2011 - The partners of Davies Collison Cave are pleased to announce the following appointments effective 1 July 2011 and the arri…

• Cartridge reseller ordered to destroy infringing printer compatibility charts if copyright appeal unsuccessful | Legal briefing

  30 Jun 2011 - Dynamic Supplies Pty Ltd v Tonnex International Pty Ltd (No. 2) [2011] FCA 675 ("Dynamic Supplies (No. 2)")…

• Launch of .XXX domain names: how to protect your brands | Legal briefing

  25 Jun 2011 - The .XXX domain name space was created for the adult entertainment industry and the provision of sexually orientated onlin…

• IP Update - June 2011 Issue 12 | e-Publication

  21 Jun 2011 - Foreword In this edition of IP Update we provide commentary on several recent Australian Federal Court decisions th…

• The New Australian Consumer Law | Legal briefing

  19 Jun 2011 - On 1 January, 2011 the consumer laws of the Commonwealth and the States and Territories were consolidated into a single na…

• A popular product doesn’t always mean a famous trade mark | Legal briefing

  17 Jun 2011 - The case of Hills Industries Ltd v Bitek Pty Ltd1 In a trade mark dispute spanning more than six years, brown-goods di…

• An interview with DCC partner Ian Pascarl | DCC news

  17 Jun 2011 - Ian Pascarl has extensive experience in the area of intellectual property law disputes and transactions, lately with a str…

• Federal Court: trade mark licence restraints can be wider than Trade Marks Act deceptive similarity | Legal briefing

  14 Jun 2011 - Symbion Pharmacy Services Pty Ltd v Idameneo (No. 789) Limited [2011] FCA 389 The Federal Court has held that a contra…

• Full Court decides on appeal that a substantial part of “Kookaburra” was copied in Men at Work’s “Down Under” | Legal briefing

  14 Jun 2011 - EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 The battle between two iconic…

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