News

AUSTRALASIA

10 May 2019

The ‘as trustee for’ dilemma – should trust details be disclosed in Australian trade mark applications?

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of intellectual property assets. A trust is a relationship between several parties....

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of...

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AUSTRALASIA

9 May 2019

Case Note: Davies V Lazer Safe Pty Ltd [2019] FCAFC 65

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the language of a claim. Background The primary judge held in Davies V...

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the...

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AUSTRALASIA

26 April 2019

Australian Rugby League Commission – protecting its brands and golden history through IP

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”. Spruson & Ferguson and Spruson & Ferguson Lawyers, congratulate...

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”....

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AUSTRALASIA

26 April 2019

Celebrating World IP Day – F45 gyms: an Australian success story

World Intellectual Property Day is held each year on the 26th April to celebrate and remind us about how IP encourages innovation and creativity. This year the theme for...

World Intellectual Property Day is held each year on the 26th April to celebrate and remind us about how...

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AUSTRALASIA

23 April 2019

New Zealand Update: Patent fees on the increase, but are they Excess-ively complex?

Following our previous update in November (here), we now report on progress that has been made regarding upcoming changes to patent fees in New Zealand. While many of the fee...

Following our previous update in November (here), we now report on progress that has been made regarding upcoming changes to...

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AUSTRALASIA

9 April 2019

Recent updates to New Zealand Trade Marks Guidelines: Ownership and Divisionals

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on Section 32(1) of the Trade Marks Act 2002, which relates...

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on...

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AUSTRALASIA

4 April 2019

Gin, the best medicine

E&J Gallo Winery v Kristy Booth ATMO 2 In this matter, the opponent, E&J Gallo, opposed registration of the trade mark APOTHECARY GIN, which had been applied for by...

E&J Gallo Winery v Kristy Booth ATMO 2 In this matter, the opponent, E&J Gallo, opposed registration of the...

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AUSTRALASIA

4 April 2019

Meet the FOKKERs

Fokker Brothers Limited v Fokker Brothers Inc Limited NZIPOTM 2 An application was filed by Fokker Brothers Inc Limited (the Revocation Applicant) to revoke New Zealand Registration No. 743062...

Fokker Brothers Limited v Fokker Brothers Inc Limited NZIPOTM 2 An application was filed by Fokker Brothers Inc Limited...

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AUSTRALASIA

4 April 2019

In the rough

Augusta National Inc v Dennis Roy ATMO 199 In this matter, Augusta National Inc opposed a trade mark application by Dennis Roy for the below logo trade mark. The application...

Augusta National Inc v Dennis Roy ATMO 199 In this matter, Augusta National Inc opposed a trade mark application...

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AUSTRALASIA

4 April 2019

Lost in space

International Space University - (ISU) (Association de droit local) ATMO 198 This matter concerned an application by the "International Space University" - (ISU) (Association de droit local) to register...

International Space University - (ISU) (Association de droit local) ATMO 198 This matter concerned an application by the "International...

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AUSTRALASIA

26 March 2019

Case Note: Calico Global Pty Ltd v Calico LLC [2018] FCA 2096 (21 December 2018)

Two years on from Lodestar Anstalt v Campari America LLC FCAFC 92 (the Lodestar Case), trade mark owners are still at risk of having their trade mark registrations...

Two years on from Lodestar Anstalt v Campari America LLC FCAFC 92 (the Lodestar Case), trade mark owners...

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AUSTRALASIA

19 March 2019

Third time lucky – Insights from three extension of term applications for related pharmaceutical patents

Following on from our earlier article on patent term extension (PTE) for pharmaceutical substances, three related decisions issued by the Australian Patent Office provide guidance on the requirements and...

Following on from our earlier article on patent term extension (PTE) for pharmaceutical substances, three related decisions issued by...

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