The maker of Mother energy drinks has won an appeal of an IP Australia decision, succeeding in its bid to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.
The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.
A judge has thrown out a lawsuit by the maker of Raw C coconut water alleging a rival’s coconut water featuring a similar aqua blue packaging with images of palm fronds would confuse consumers.
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.
Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.
Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.
The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.
The High Court has decided to weigh in on whether computer-implemented inventions are eligible for patent protection, granting special leave to Aristocrat Technologies to challenge a judgment that shot down four patents for its popular Lightning Link electronic poker machine.
Burger giant Hungry Jack’s has lost its bid to have McDonald’s hand over test results showing the “pre-cooked” weight of its Big Mac beef patties, with a judge finding they were not relevant to whether the rival’s Big Jack burger had 25 per cent “more Aussie beef”.
IP Australia has won its appeal of a judge’s decision to allow four Aristocrat patents for its popular Lightning Link electronic poker machine to proceed to grant, with the Full Court finding the invention merely implemented an abstract idea on a computer and was not patentable.