News & Insights - Spruson & Ferguson

AUSTRALASIA

11th Mar 2026

Australia | High Court hands down landmark trade mark decision in Katie Perry V Katy Perry saga

In a decision likely to shape trade mark law in Australia, the High Court of Australia today ruled in favour of Sydney fashion designer Katie Taylor, overturning a Federal...

In a decision likely to shape trade mark law in Australia, the High Court of Australia today ruled in...

AUSTRALIA

25th Mar 2025

ZIP – Infringe Now. Pay Later?

The long-awaited judgement of the Full Court of the Federal Court of Australia was handed down in Firstmac Limited v Zip Co Limited FCAFC 30 on 19 March...

The long-awaited judgement of the Full Court of the Federal Court of Australia was handed down in Firstmac Limited...

AUSTRALIA

6th Oct 2022

Seven Spruson & Ferguson practitioners recognised in Managing IP’s Rising Stars 2022

Spruson & Ferguson is proud to announce that seven practitioners have been included in the Managing IP’s Rising Stars 2022. Congratulations to all our practitioners listed below. Australia Jacqueline Chelebian, Special Counsel...

Spruson & Ferguson is proud to announce that seven practitioners have been included in the Managing IP’s Rising Stars...

AUSTRALASIA

17th Aug 2021

A need for “rescue” for traders who “borrow” aspects of the get up of competitor products

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent decision of Martin & Pleasance Pty Ltd v A Nelson...

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent...

AUSTRALASIA

15th Sep 2020

Case Note: Ceramiche Caesar S.p.A. v Caesarstone Ltd [2020] FCAFC 124

In the recent decision of Ceramiche Caesar S.p.A. v Caesarstone Ltd FCAFC 124 (28 July 2020), the Full Court of the Federal Court considered the effect of an...

In the recent decision of Ceramiche Caesar S.p.A. v Caesarstone Ltd FCAFC 124 (28 July 2020), the Full...

AUSTRALASIA

11th Jun 2020

Aristocrat’s gamble pays off – Federal Court finds on appeal that an electronic gaming machine is a ‘manner of manufacture’

The Federal Court has recently found that a claim in four innovation patents directed to an electronic gaming machine (EGM), having a combination of physical parts and computer software...

The Federal Court has recently found that a claim in four innovation patents directed to an electronic gaming machine...

AUSTRALASIA

22nd Feb 2019

Non-use Grace Period Reduced

A number of changes to Australia’s IP legislation come into effect on 24 February 2019 as a result of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1...

A number of changes to Australia’s IP legislation come into effect on 24 February 2019 as a result of...

AUSTRALASIA

15th Jan 2019

Pharmaceutical patents: Fighting a $25 million claim for damages

A recent Full Federal Court decision in Australia provides a useful insight as to how a Court in Australia will calculate damages in proceedings concerning the infringement of a...

A recent Full Federal Court decision in Australia provides a useful insight as to how a Court in Australia...

AUSTRALASIA

7th Sep 2018

Changes to Australian Consumer Law: Substantial Increase in Financial Penalties

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions...

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the...

AUSTRALASIA

16th Jan 2018

Australia Update: $1 awarded to Pokémon – a win that may not feel like a win

Pokémon receives no injunctive relief and $1 in nominal damages from Redbubble for copyright infringement and contravention of the Australian Consumer Law.

Pokémon receives no injunctive relief and $1 in nominal damages from Redbubble for copyright infringement and contravention of the...

4th Oct 2017

Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 (31 August 2017)

Aldi’s “Like brands. Only cheaper” put to the test Moroccanoil Israel Ltd (MIL) is considered a market leader in oil treatment products for hair. Under the brand name MOROCCANOIL, it...

Aldi’s “Like brands. Only cheaper” put to the test Moroccanoil Israel Ltd (MIL) is considered a market leader in oil...

AUSTRALASIA

31st Jan 2017

Australia Update: Productivity Commission Report – Implications for Copyright and Trade Marks

The Australian Government Productivity Commission's final Report on Intellectual Property (IP) arrangements in Australia was released late last year. Earlier, we reported on the potential implications for the...

The Australian Government Productivity Commission's final Report on Intellectual Property (IP) arrangements in Australia was released late last year....

AUSTRALASIA

21st Dec 2016

Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd [2016] FCA 1406

Background Insight Clinical Imaging Pty Ltd (ICI) and Insight Radiology Pty Ltd (IR) both conduct medical imaging businesses in Australia. Since 2008, ICI has been operating in Western Australia and has...

Background Insight Clinical Imaging Pty Ltd (ICI) and Insight Radiology Pty Ltd (IR) both conduct medical imaging businesses in Australia. Since...

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