Court finds Sensis marks infringed by Senses Direct

Sensis Pty Ltd (Sensis), one of Australia’s largest marketing and advertising businesses, has succeeded in a claim against New South Wales based marketing business, Senses Direct Mail and Fulfillment Pty Ltd (Senses Direct), for trade mark infringement. Trade mark infringement In a judgment delivered on 24 May 2019, Davies J found that the following marks […]

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Who’s who in the zoo – how independent is your Australian IP attorney (part 2)

Concerns in Australia and New Zealand around conflicts arising from the new business model of publicly listed companies acquiring multiple Australian and New Zealand IP firms have continued to increase over the past 12 months. As you may recall, these concerns are centered on the independence of these firms, conflict issues and disclosure to clients […]

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Trade mark ownership: do you really own your trade mark?

The case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83 has raised significant interest regarding trade mark ownership and the circumstances in which ownership may be challenged.  In Pham, the Full Court of the Federal Court held that the requirement for trade mark ownership must be satisfied at the […]

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Lending to tech businesses – registering security over IP

Consciousness of the importance and value of intellectual property assets continues to grow. Given this increasing focus, those lending to businesses with significant IP assets must ensure any general security they take for this lending covers IP, as well as the more “traditional” assets of the borrower. Securities over personal property including IP are governed […]

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Standing out from the crowd – protecting a unique home

CASE NOTE: Coles v Dormer & Ors (No 2) [2016] QSC 28  The Supreme Court of Queensland recently awarded damages to a homeowner whose unique house was copied by some neighbours. The facts Mr Coles bought a unique house in a compound at an auction in Queensland. The Dormers were unsuccessful bidders in this auction. […]

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