Speeding up procedure: IP Australia announces additional reforms - 19 June 2009
IP Australia has released three further consultation papers outlining proposed reforms to the IP Rights System in Australia. Any organisation which has an interest in the processes subject to review may make a written submission to IP Australia by 17 August 2009.
Facebook to offer trade mark protection in new username land rush - 12 June 2009
Users of the popular social networking website Facebook will shortly be able to customise the URL of their Facebook profile pages (eg. http://www.facebook.com/username). From 2.01 pm AEST tomorrow, existing users of Facebook will be able to select their alias on a first-come, first-served basis. Any owner of a registered trade mark should immediately notify Facebook of the trade marks which should be excluded from being claimed by Facebook users.
No Sweet Reward for Mars - 12 June 2009
The Federal Court has dismissed a case brought by well known confectionary company Mars against an Australian confectionary importer and distributor, Sweet Rewards (Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606). Mallesons acted for Sweet Rewards in defending Mars’ complaints about the packaging of a chocolate coated malt ball product known as ‘Malt Balls’, which it alleged was too similar to the packaging of its popular Maltesers products.
‘Use it or lose it’ approach confirmed - 7 April 2009
The Full Federal Court has ordered that E & J Gallo Winery’s “Barefoot” trade mark be removed for non-use because they did not direct their wine to Australia. However, contrary to the earlier finding, it has decided that beer and wine are “goods of the same description” for trade mark infringement purposes. This decision has important consequences for all international trade mark owners and all trade mark owners who sell a broad range of goods.
Protecting a “Monster” reputation - 19 November 2008
The Full Federal Court of Australia has delivered a significant case on brand reputation in the context of “lookalike” products and famous brands. In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181, the Court allowed an appeal by the overseas owner of the “Monster Energy” energy drink brand in its case against an Australian copycat rival.
Use it or lose it - 1 July 2008
The Federal Court recently handed down its decision in a landmark trade mark case involving E&J Gallo Winery and Lion Nathan. The decision is a timely warning to international trade mark owners to use their trade marks in Australia or risk losing them.
Changes to the Trade Marks Act 1995 (Cth) - 18 October 2006
The Trade Marks Amendment Bill 2006 (Cth) to amend the Trade Marks Act 1995 (Cth) was passed on 13 October 2006. It is expected to receive Royal Assent and come into force in the next couple of weeks. The changes are largely un-contentious, and offer practical changes which will streamline the trade mark application process.
Intellectual property update - Spring 2006
This update includes articles on Merck v Arrow Pharmaceuticals, the Trade Marks Amendment Bill 2006, geographic names as trade marks, the proposed Australian and New Zealand Therapeutic Products Authority, the Trade Marks Office ruling over the word "McBrat" and the first judgment on calculating damages for a moral rights infringement.
Significant changes to the Trade Marks Act introduced - 15 September 2006
Yesterday the Australian Parliament passed the Intellectual Property Laws Amendment Bill 2006. The Bill amends several pieces of intellectual property legislation, with some major changes to the Trade Marks Act 1995.
Use of green and gold by BP defeats its colour trademark application for green - 12 September 2006
On 4 September, the Full Federal Court overturned BP’s ability to register the colour green. The decision continues the controversy about what is needed to register colours as trade marks in Australia.
Intellectual property update - Summer 2006
This update includes articles on software piracy, the "essence" of the invention, a food labelling review, the dawn of the ".eu" top level domain, and the Trade Practices Act prevailing over Australian Standards.
Dilution down under: The protection of well-known trademarks in Australia - March 2006
This article was originally published by Sweet & Maxwell in the European Intellectual Property Review 2006. It considers the extent to which Australian law provides an anti dilution remedy for the protection of well known trade marks.
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