Archives for: ‘Consumer & retail’

The final word and ‘smoking gun’ documents – ACCC v Pfizer

For those readers interested in the issues surrounding competitive moves by pharmaceutical companies in the scenario where a key patent comes to an end, we report on the recent decision of the Full Federal Court in the ACCC v Pfizer matter here: ACCC v Pfizer – KWM News & Insights

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Formula One and now the Australian Grand Prix Corporation look to cash in – the big Huey shoey bluey

Update: The Australian Grand Prix corporation assigned its Australian trade mark application to Formula One Licensing B.V. on 16 May 2018. You might have heard of the shadow boxing match between the Formula One’s licensing arm and The Mad Hueys – well, as of 2 May 2018, the Australian Grand Prix Corporation has decided to enter the fray. Hold on …

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Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, (see Stone & Wood Group …

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AMG meats its maker: Australian Meat Holdings protect a fair dinkum mark

The Federal Court has found that the Australian Meat Group (AMG) has infringed the trade mark of one of Australia’s largest meat producers. The Court also narrowly applied the substantial identity test, bucking the trend of some recent decisions which indicated that the Court may be widening the scope of the assessment. Long ago, the meat lobby figured out a …

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

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Spinning the wheel – Star Wars Battlefront 2 brings gambling regulatory spotlight on lootboxes

If you have more than the most passing of interests in the video game industry, you will know that the hot topic in the field for the past few weeks has been the use of “lootboxes” by Electronic Arts as a reward system in their new title Star Wars: Battlefront 2.  The consumer backlash to EA has been dramatic.  Market …

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Stuck between some wine and a hard case – some lessons from the Barokes “wine in a can” saga

Every now and then a case cracks open a delicious mix of intellectual property and commercial problems. Recent litigation by Barokes over “wine in a can” is one such example. After centuries of drinking wine out of glass bottles (or ‘goon sacks’ [1]) two inventors took the plunge and developed revolutionary technology for “wine in a can”. Barokes Pty Ltd (Barokes) …

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Empire State (of mind) – noisy bars, brand shortening and obscured presentation – Mr Purvis QC speaks!

As you will know from previous posts (see here and here), when Appointed Persons speak, we listen! One of our favourites, it has to be said, is Mr Iain Purvis QC. He has a knack of getting straight to the point, with clear and memorable turns of phrase. Indeed one often finds oneself (if one is feeling particularly onesy) reading …

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When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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