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Federal Magistrates Court reforms: new name and expanded intellectual property jurisdiction

Davies Collison Cave
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Australia
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December 5 2012

Under legislation passed by Parliament in November 2012, the Federal Magistrates Court is soon to be renamed the Federal Circuit Court of Australia

Mitre 10 refused injunction against Masters: newcomer's get up not misleading and deceptive

Davies Collison Cave
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Australia
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September 26 2011

The Victorian Supreme Court has refused to grant Mitre 10 an interlocutory injunction to restrain Masters from launching its hardware stores using a blue, white and grey get-up

When is money payable in IP transactions a “royalty” for the purposes of Australian withholding tax?

Davies Collison Cave
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Australia
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May 12 2011

The recent Federal Court of Australia decision in International Business Machines Corporation v Commissioner of Taxation 2011 FCA 335 is a useful reminder that payment provisions in distribution and licence agreements need to be carefully drafted so as to avoid unintentionally incurring withholding tax under the Income Tax Assessment Act 1936 (Cth) ("the ITAA"

AFACT loses copyright appeal: full federal court finds iiNet did not authorise infringement

Davies Collison Cave
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Australia
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February 25 2011

In a landmark 2-1 decision (Jagot J dissenting) with three separate judgments, the Full Federal Court yesterday dismissed an appeal against last year's decision that found internet service provider iiNet was not liable for the infringement of copyright by its users

Putting the (UGG) boot in - imprisonment for contempt - Deckers Outdoor Corporation Pty Ltd v Farley (No 8) 2010 FCA 657

Davies Collison Cave
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Australia
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June 30 2010

The legal action brought by Deckers to try to restrain the infringement of its intellectual property rights in relation to its "UGG" branded footwear has culminated in the ordering by Justice Tracey of custodial sentences to punish contempt by three individuals who continued to make and distribute "UGG" branded footwear in breach of Court orders and undertakings given to the Court between 2003 and 2007

University of Western Australia v Gray

Davies Collison Cave
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Australia
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June 24 2010

University of Western Australia v Gray has by now achieved "legend" status in the intellectual property arena in Australia

Six steps to strategic enforcement of IP rights in Australia

Davies Collison Cave
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Australia
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June 3 2010

Proper assessment at the earliest stage of jurisdiction, forum, evidence and timing issues will go a long way towards protecting your intellectual property rights

Last drinks for Lion Nathan; the high court judgement in E. & J. Gallo Winery v Lion Nathan Australia Pty Ltd

Davies Collison Cave
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Australia
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May 20 2010

In response to a claim by E. & J. Gallo Winery (Gallo) that Lion Nathan Australia Pty Ltd's (Lion Nathan) use of the words BAREFOOT RADLER infringed Gallo's registration of the trade mark BAREFOOT for wine, Lion Nathan applied to cancel Gallo's trade mark registration on the grounds of non-use

Luscious Lips lollies

Davies Collison Cave
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Australia
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April 6 2010

This case highlights the need for adequate sceeening of all wording used on product packaging and associated materials

Nothing eases for Maltesers on appeal

Davies Collison Cave
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Australia
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March 1 2010

Mars Australia Pty Ltd ("Mars") took action against Sweet Rewards Pty Ltd ("Sweet Rewards") in the Federal Court of Australia alleging that Sweet Rewards had infringed Mars' trade marks and had engaged in passing off and misleading conduct by distributing a "Malt Balls" product in red and orange jars with a get-up said to be similar to Mars' "Maltesers" chocolate confectionary

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