News & Insights - Page 5 of 92 - Spruson & Ferguson

20th Aug 2021

WICKED v WICKED SISTER – Full Court confirms no statutory infringement by a party that has not used but has authorised use of a trade mark

In the recent decision of PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd FCAFC 128 (29 July 2021), the Full Federal Court confirmed that a trade mark...

In the recent decision of PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd FCAFC 128 (29 July...

18th Aug 2021

Patent term extensions in Australia: Can a “first regulatory approval” less than 5 years after the patent filing date be ignored?

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent claiming two pharmaceutical substances having different first regulatory approval dates;...

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent...

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...

13th Aug 2021

Why cannot our creations also create

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by the Australian Patent Office concluding that an Artificial Intelligence (AI)...

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by...

12th Aug 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

10th Aug 2021

A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd [2021] ATMO 47 (4 June 2021)

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for “restaurant services” and “fast food outlet” in class 43. The...

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for...

6th Aug 2021

Australian Trade Marks Office Decision – BUTTERMITE v VEGEMITE – A Mitey Dispute

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the registration of BUTTERMITE filed in the name of Vincenzo Fasanella. Background Vincenzo...

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the...

4th Aug 2021

FemTech in Australia – What’s going on Down Under?

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going on Down Under? Need for FemTech As of June 2019, just over...

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going...

3rd Aug 2021

Question & Answer with a patent attorney

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the topic of patent claims. You can view Part 1: Prior...

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the...

2nd Aug 2021

Australia’s intelligent approach to artificial intelligence inventions

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to valid patent applications, provided they satisfy the regular indicia of...

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to...

27th Jul 2021

Fit Revolution Pty Ltd v Amazon Europe Core S.a.r.l. [2021] ATMO 35

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l. applied to register the AMFIT NUTRITION trade mark in classes...

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l....

27th Jul 2021

Rolling Stones block trade mark registration of Australian fashion label

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna, and Snoop Dogg, we picture their particular aesthetic and, as...

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna,...

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