Clarisonic v PuraSonic – the allure of miraculous transformational product claims

The Federal Court of Australia has granted preliminary discovery in L’Oréal Australia Pty Ltd v BrandPoint Pty Ltd [2015] FCA 978 with respect to product claims made in relation to the PuraSonic facial cleansing brush. Immortalised by Justice Beach as “a product marketed to the fairer sex with the allure of its miraculous transformational properties”, the application concerned representations made in …

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Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its trade mark portfolio? Is it …

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High Court States the Obvious: AstraZeneca AB v Apotex Pty Ltd Appeal Decided

by Kim O’Connell, Suzy Madar and James Ellsmore In a widely anticipated decision, the High Court has upheld a decision of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid for want of inventive step. Rosuvastatin is used in the treatment of high cholesterol and is marketed by AstraZeneca as Crestor. The decision will …

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Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn. Justice Nicholas delivered judgment on Friday 14 August in the interlocutory application sought by Otsuka and BMS. The orders and reasons were published on Tuesday 18 August. The …

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Productivity Commission embarks on 12-month inquiry into Australia’s intellectual property regime

The Federal Government has given the green light to the Productivity Commission to undertake a comprehensive review of Australia’s IP regime (Inquiry).  The Commission must provide a report on the Inquiry by August 2016. The Inquiry was one of the three recommendations relating to IP in the Final Report of the Competition Policy Review (also known as the Harper Review), …

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Trade mark confidence signals big things to come for “The Hayne Plane”

Pre-season gridiron games aren’t usually on most Aussie’s sports radars in August – the run-up to the AFL and NRL finals usually take up most of our attention. But this year is a little different. This year, the former rugby league star Jarryd Hayne is attempting to do something that few Aussie footballers have been able to do: break into …

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Too early to pull the plug on innovation patents

In June 2014, following three years of public consultation, the Advisory Council on Intellectual Property (ACIP) released a report in which it made recommendations to reform the Innovation Patent System. ACIP did not, at that stage, recommend abolishing the system. Our previous post on ACIP’s recommendations can be found here. On 25 May 2015, IP Australia published a report entitled …

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My Copyright Rules: Seven cooked by Nine in legal pressure test

Are all reality TV cooking shows the same? Television networks Seven and Nine were recently embroiled in legal proceedings over whether Nine’s new show, The Hotplate, is a rip-off of My Kitchen Rules. The food fight started when Hotplate aired at the same time of Seven’s new show, Restaurant Revolution. When Seven’s offering received a lukewarm reception in the ratings, …

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Dallas Buyers Club – customer details not to be released (yet)

In the Dallas Buyers Club proceeding, Dallas Buyers Club and Voltage Pictures sought preliminary discovery from a number of ISPs of customer names and addresses associated with 4,716 IP addresses alleged to have been used to infringe copyright.   As we previously reported (see our post here), on 7 April 2015, Justice Perram was satisfied in principle that the ISPs should …

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