Yearly Archive for: ‘2009’
On 1 December 2009, online retailer Topbuy was issued with a formal warning from the Australian Communications and Media Authority (ACMA) for breaching the Spam Act 2003 (see ACMA’s press release). Following investigations into three commercial electronic messages sent by Topbuy to consumers without their consent, ACMA concluded these messages represented a broader systemic problem.
Hot off the press is the Federal Court judgment in Bitech Engineering v Garth Living  FCA 1392 handed down on 26 November 2009. The case involved a patent for simulating flames in domestic room heaters. Foster J extinguished both Bitech’s claim that its patent had been infringed and the respondents’ cross-claim that the patent was invalid.
It is rare for a parent company to oppose the trade mark of one of its subsidiaries. Yet, as recently reported in The Age, (6/11/09, “Branson and Virgin Blue battle over name”) this appears to be the case in a trade mark opposition brought by Virgin Enterprises against an application lodged by Virgin Blue. At stake is whether Virgin Blue has the rights to use the “V Australia” trade mark and brand, the name of Virgin Enterprises’ trans-Pacific airline, on a wide variety of goods.