The recent Australian Federal Court decision of McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 confirms on one aspect that, for the purposes of registered trade mark infringement in Australia,1 the reputation of each trade mark is not to be considered when determining whether the trade marks are deceptively similar.2 The […]
Trade Marks Update
Whilst there were many aspects to this litigation, in the recent Federal Court of Australia decision of Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd[1], it was held that Lavazza Australia Pty Ltd (Lavazza) was successful in establishing that Cantarella Bros Pty Ltd (Cantarella) was not the owner in Australia of “ORO” registered trade […]
Market-Size Damages & Australian Preliminary Injunctions
Summary Having regard to the recent decision of Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97, pharmaceutical originator patentees seeking to prevent the entry of a generic drug into the Australian market through a preliminary injunction, need to be aware that the Australian Government has a right to seek “market-size damages” from the […]
Australian Design Law Update
In a major development for Australia commencing on 10th March 2022, publications or use of a design on or after 10th March 2022, will be protected by a 12-month grace period. This development will bring Australia into line with jurisdictions such as the United States of America and Europe and protects product designers against certain inadvertent […]
Australia – United Kingdom Free Trade Agreement: Time for an IP Audit?
On 15 June 2021, Australia and the United Kingdom announced an in-principle agreement to enter into a Free Trade Agreement (FTA). The FTA presents opportunities for businesses in both countries. Is it time to conduct an audit of your Intellectual Property Portfolio across Australia and the UK to take advantage of the FTA? Whilst the […]