News & Insights - Page 44 of 90 - Spruson & Ferguson

17th Jan 2017

User pays but who gets paid? The vexed question of damages for copyright infringement

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an asparagus grading machine hit the Court of Appeal again late...

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an...

16th Jan 2017

Capturing that elusive IP – key considerations when buying or selling a business

Part 1 – Trade Marks and brands The short answer is “securing enforceable rights over valuable, non-tangible assets of the business.” The issue often arises when the business is sold. Ideally,...

Part 1 – Trade Marks and brands The short answer is “securing enforceable rights over valuable, non-tangible assets of the...

11th Jan 2017

The Availability of Unpublished Prior Art in Australia and New Zealand

Complete patent applications that have not been published before the priority date of a patent application, but that have an earlier priority date, may be available for use as...

Complete patent applications that have not been published before the priority date of a patent application, but that have...

10th Jan 2017

Two weeks left to submit a response to IP Australia’s proposed changes to the IP system

As has been widely reported, at the end of November last year, IP Australia released for public feedback an ‘exposure draft’ of a Bill which, when enacted, would become...

As has been widely reported, at the end of November last year, IP Australia released for public feedback an...

3rd Jan 2017

New Year Resolutions

Well here we are, it’s 2017 and no doubt many of you have set personal resolutions for the New Year. The most popular tend to be selected from the...

Well here we are, it’s 2017 and no doubt many of you have set personal resolutions for the New...

22nd Dec 2016

Australian Government releases Productivity Commission’s final report on IP arrangements

In December 2016 the Australian Government released the Productivity Commission's final Report on Intellectual Property (IP) arrangements in Australia.

21st Dec 2016

Tomkin Australia Pty Ltd v Jab Design Pty Ltd [2016] ATMO 73

Tomkin Australia opposed the registration of the below trade mark, which was applied for by Jab Design Pty Ltd and covers ‘plastic tray’ in Class 21. The applicant was the...

Tomkin Australia opposed the registration of the below trade mark, which was applied for by Jab Design Pty Ltd...

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...

21st Dec 2016

The Ethical Coffee Company Limited v Honest Coffee Company Limited [2016] NZIPOTM 27 (20 October 2016)

Honest Coffee applied to revoke Ethical Coffee’s registration for the trade mark THE ETHICAL COFFE CO. & device (the “Trade Mark”) in class 30 on the basis of non-use. In...

Honest Coffee applied to revoke Ethical Coffee’s registration for the trade mark THE ETHICAL COFFE CO. & device (the...

21st Dec 2016

Volvo Trademark Holding AB v Timken UK Limited [2016] ATMO 91

Volvo opposed the extension of protection to Australia of the trade mark REVOLVO covering goods and services in Classes 7, 12, and 42, including items for use in relation...

Volvo opposed the extension of protection to Australia of the trade mark REVOLVO covering goods and services in Classes...

21st Dec 2016

Barilla GeR Fratelli SpA v Shao Chengu, Shao Jun and Shao Li [2016] NZIPOTM 22 (19 September 2016)

Shao Chenghu, Shao Jun, and Shao Li (the “Applicant”) applied to revoke Barilla’s trade mark registration BARILLA & device (the “Trade Mark”) in class 42 (restaurant and catering services). The...

Shao Chenghu, Shao Jun, and Shao Li (the “Applicant”) applied to revoke Barilla’s trade mark registration BARILLA & device...

21st Dec 2016

Centennial Park Cemetery Authority v KSAMS Nominees Pty Ltd [2016] ATMO 85

KSAMS Nominees opposed the registration of the trade mark, which was applied for by the Centennial Park Cemetery Authority for retailing of flowers in Class 35. From its evidence, it...

KSAMS Nominees opposed the registration of the trade mark, which was applied for by the Centennial Park Cemetery Authority...

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