In a move aimed at enhancing the global trade mark protection landscape, IP Australia has recently announced the plan to adopt the Madrid Goods and Services (MGS) list in early 2024. The adoption of the list aims to improve the customer experience of Madrid System users and facilitate a streamlined process for exporters to protect […]

The High Court has unequivocally put to rest the question of whether a trade mark’s reputation is relevant when deciding if it has been infringed. On 15 March 2023 the High Court of Australia overturned the Full Federal Court’s decision in Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163, […]

With the recent developments in the Australian domain name licensing space, businesses will soon have a greater choice of domain names. However, greater choice for some comes with greater restrictions on eligibility for others, in particular foreign businesses. Registrants should obtain advice now to ensure they retain their entitlement to existing domain names and be […]

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 […]

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 […]

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 […]

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 […]

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. […]