infringement Archives - Spruson & Ferguson

23rd Jul 2025

Australia | Fanatics case highlights requirements for key trade mark defences

Described by the Full Court judges as “byzantine”, a myriad of trade mark issues were raised recently in Fanatics, LLC v FanFirm Pty Limited FCAFC 87. The Full...

Described by the Full Court judges as “byzantine”, a myriad of trade mark issues were raised recently in Fanatics,...

25th Mar 2025

ZIP – Infringe Now. Pay Later?

The long-awaited judgement of the Full Court of the Federal Court of Australia was handed down in Firstmac Limited v Zip Co Limited FCAFC 30 on 19 March...

The long-awaited judgement of the Full Court of the Federal Court of Australia was handed down in Firstmac Limited...

16th Feb 2017

Australia Update: When is applying for listing on the Pharmaceutical Benefits Scheme not an infringement?

In the most recent judgement in the Australian Lyrica® litigation Nicholas J has delivered an interesting decision regarding whether applying for Pharmaceutical Benefits Scheme (PBS) listing constitutes infringement of...

In the most recent judgement in the Australian Lyrica® litigation Nicholas J has delivered an interesting decision regarding whether...

1st Mar 2016

Second Medical Use Claims in Australia

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein a known substance is to be used in a novel...

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein...

17th Dec 2013

Dethrowning the ‘Tyre King:’ Federal Court restrains Bob Jane from selling tyres, wheels, batteries and car accessories in his name

On 26 November 2013 Besanko J handed down a decision restraining Bob Jane from using his own name to sell tyres, wheels, batteries and other accessories for cars (see...

On 26 November 2013 Besanko J handed down a decision restraining Bob Jane from using his own name to...

5th Mar 2013

Case Note: DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 132

The Federal Court has delivered judgment in DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd FCA 132 (28 February 2013), a patent case where the Court found...

The Federal Court has delivered judgment in DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd FCA 132...

21st Feb 2013

Case Note: Britax Childcare Pty Ltd v Infa-Secure Pty Ltd [No 3] FCA 1019

Relief for infringement available before publication of any Divisional Innovation Patent.This case concerned alleged infringement of several innovations patents derived from a standard parent application.

Relief for infringement available before publication of any Divisional Innovation Patent.This case concerned alleged infringement of several innovations patents...

19th Jul 2012

Facton Ltd v Toast Sales Group Pty Ltd [2012] FCA 612 (19 June 2012) Middleton, J

The Applicants ("G-Star") are a group of companies that collectively own and exploit the trade mark G-STAR globally. The trade mark G-STAR and the G-STAR Logo, in which copyright...

The Applicants ("G-Star") are a group of companies that collectively own and exploit the trade mark G-STAR globally. The...

8th Jun 2012

Intellectual Property Laws Amendment (Raising the Bar) Act 2012

The Intellectual Property Laws Amendment (Raising the Bar) Bill received Royal Assent from the Governor General on 15 April 2012. The amendments relating to the Trade Marks Act 1995...

The Intellectual Property Laws Amendment (Raising the Bar) Bill received Royal Assent from the Governor General on 15 April...