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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 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.
The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.
The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.
The international company behind the Vagisil feminine hygiene brand has lost its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.
Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for 'Community Bank'.
IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.
Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria's rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.
The University of Sydney has emerged triumphant in its long running battle over the intellectual property rights of a glaucoma testing device, with the Federal Court ruling against opthalmic diagnostic tool manufacturer ObjectiVision.
A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank's 20-year-old trade mark for 'Community Bank'.