Burger Case Bounces In-N-Out of Court in Meaty Appeal

Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full read more...

A sign of the times – Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH

Wearables are all the rage nowadays, but some of us still sport watches with an analogue face.  Indeed, some sought-after classic timepieces from renowned brands are assets in an investment portfolio. Point Tec Point Tec Products Electronic GmbH  (Point Tec) is a German company that has been designing and developing watches for over 22 years.  read more...
Subjects: Trade marks

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Cheesy on the eyes – the string cheese characters of the trade mark decision of Bega Cheese Limited v Saputo Cheese USA Inc

From fifty shades of gruyere to cheddar ideas,  we in the IP team love cheese in all shapes and forms including… string cheese?  String cheese is created through a manufacturing process that aligns the proteins in the cheese, which makes it stringy.  We hear string cheese can even be sold in a can. String it on: read more...
Subjects: Trade marks

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Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell

American rapper, singer and songwriter Pitbull (Armando Christian Pérez) has successfully trade marked his tell-tale yell “EEEEEEEYOOOOOO!” that features heavily in most of his songs. It is one of the many famous Pitbull-isms, along with rhyming ‘Kodak’ with ‘Kodak’, or calling himself Mr. Worldwide and Mr. 305. The U.S. Patent and Trademark Office (USPTO) in read more...
Subjects: Media | Trade marks

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Biotech Insights: 2018 industry snapshot and key trends

With the latest Scientific American, Worldwide Scorecard ranking Australia in the top five bio-economies globally, Australia’s biotechnology and life sciences sector continues to show healthy performance for the fifth consecutive year.  Despite the challenges of the global economy, there has been generally positive sentiment from an industry that is expected to continue growing, reaching close read more...

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 read more...
Subjects: Trade marks

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Threats Muddy Waters: unjustified threats of infringement in the Full Federal Court of Australia

A decision in March of the Full Federal Court in Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 concerning unjustified threats of infringement will have some lawyers as happy as pigs in mud. Dishing the Dirt Australian Mud Company Pty Ltd (AMC) is the owner of an innovation patent related to core read more...

Don’t you wanna dance with me? US Supreme Court to hear Amgen v Sandoz biosimilars case

The US Supreme Court has granted petitions for certiorari in Amgen v. Sandoz confirming that the Court will examine the operation of the “patent dance” regime under the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), as well as clarifying when notice of commercial marketing can be given. Biosimilar boffins and patent pedants will read more...
Subjects: Patents