News

AUSTRALASIA

17th Jul 2015

Tosca TravelGoods (Aust) Pty Ltd v Samsonite IP Holdings S.a.r.l [2015] ATMO 39 (8 May 2015)

Samsonite applied to register its trade mark COSMOLITE for luggage and was opposed by Tosca based on its prior registrations for COSMO and COSMOPOLITAN covering the same goods. Two grounds...

Samsonite applied to register its trade mark COSMOLITE for luggage and was opposed by Tosca based on its prior...

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AUSTRALASIA

17th Jul 2015

Cypher Pty Limited v Halliburton Energy Services Inc [2015] ATMO 37 (6 May 2015)

Halliburton filed a non-use removal application against Cypher’s registration for CYPHER Logo. The non-use removal was opposed by Cypher. The Hearing Officer was quick to note that Halliburton is the...

Halliburton filed a non-use removal application against Cypher’s registration for CYPHER Logo. The non-use removal was opposed by Cypher. The...

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AUSTRALASIA

17th Jul 2015

Hearst Communications, Inc v Toyota Motor Corporation Australia Ltd [2015] ATMO 36 (4 May 2015)

Toyota’s application for the trade mark COSMOPOLITAN in relation to automotive paints and motor vehicles was opposed by Hearst Communications, which owns the arguably well-known magazine ‘Cosmopolitan’.  The opponent...

Toyota’s application for the trade mark COSMOPOLITAN in relation to automotive paints and motor vehicles was opposed by Hearst...

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AUSTRALASIA

17th Jul 2015

Major League Baseball Properties Inc v The National Magazine Company Limited [2015] ATMO 35 (4 May 2015)

This matter concerned an opposition by Major League Baseball to the extension of protection in Australia of The National Magazine Company’s International Registration for RED covering goods and services...

This matter concerned an opposition by Major League Baseball to the extension of protection in Australia of The National...

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AUSTRALASIA

13th Jul 2015

Diagnostic method claims in the US versus Australia

On 12 June 2015, the US Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v Sequenom, Inc. finding that Sequenom’s method claims in U.S. Patent No. 6,258,540 for...

On 12 June 2015, the US Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v Sequenom, Inc. finding...

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AUSTRALASIA

9th Jul 2015

How to avoid damaging the right to sue for infringement when maximising your licensing value

Structuring a Patent Portfolio to Enable Effective Claims for Infringement Damages – A Little Extra Planning to Ensure Exclusive Licensees Have Standing to Sue May Greatly Increase a Portfolio’s...

Structuring a Patent Portfolio to Enable Effective Claims for Infringement Damages – A Little Extra Planning to Ensure Exclusive...

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AUSTRALASIA

9th Jul 2015

When is a disodium salt not a disodium salt?

A recent decision of the Court of Appeal (UK), namely Actavis UK Ltd & Ors v Eli Lilly & Company EWCA Civ 555 (25 June 2015), covered a...

A recent decision of the Court of Appeal (UK), namely Actavis UK Ltd & Ors v Eli Lilly &...

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AUSTRALASIA

8th Jul 2015

West Coast keeps its Cool(er) and its Registrations

In non-use cancellation proceedings before the Australian Trade Marks Office, the Registrar is provided with the discretion to remove a trade mark “in respect of any or all of...

In non-use cancellation proceedings before the Australian Trade Marks Office, the Registrar is provided with the discretion to remove...

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SOUTHEAST ASIA

2nd Jul 2015

Indonesian Trade Mark Law Update

The trade mark outlook across Asia is rapidly changing. The large developing economic markets in Asia are generally great untapped resources in the trade mark landscape. These markets are...

The trade mark outlook across Asia is rapidly changing. The large developing economic markets in Asia are generally great...

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AUSTRALASIA

26th Jun 2015

High Court Considers Inventive Step in Australia

Last month, on 13 and 14 May 2015, the High Court of Australia heard the Appeal in the rosuvastatin case from the Full Federal Court decision (AstraZeneca AB v...

Last month, on 13 and 14 May 2015, the High Court of Australia heard the Appeal in the rosuvastatin...

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AUSTRALASIA

16th Jun 2015

Government’s Advisory Council recommends changes to the Australian Designs system

Earlier this year we reported on options proposed for changes to the Australian designs system from an Advisory Council on Intellectual Property (ACIP) options paper. As a result of...

Earlier this year we reported on options proposed for changes to the Australian designs system from an Advisory Council...

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AUSTRALASIA

16th Jun 2015

Pharmaceutical patentee faces damages claim from Australian Government for blocking generic’s entry

A series of events has led to the Commonwealth of Australia attempting to recover damages from the bio pharma company, Sanofi-Aventis, to the tune of $60 million.

A series of events has led to the Commonwealth of Australia attempting to recover damages from the bio pharma...

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