Author Archive for: ‘drhager’

Promises, promises: Full Federal Court of Australia finds invention useful in ESCO Corporation v Ronneby Road

We can all be guilty of promising more than we can deliver – but for a patentee, that can be fatal for the validity of your patent.  Under Australian patent law, inventions must be ‘useful’ in order to be patentable, and one of the complex elements of this requirement is whether any promises made with respect to the invention in …

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In Good Shape – the Federal Court’s reminder to fit-out and shape your trade mark protection

In the recent case of Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865, the Federal Court of Australia considered whether certain marks that included the word “SHAPE” were deceptively similar: Applicant’s registered mark   Respondent’s marks Although a large proportion of the decision focused on whether there had been breaches of the Australian Consumer …

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