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News and Insights From Williams Hughes
Who owns Neptune’s fork?: Trident Seafoods Corporation v Trident Foods Pty Limited [2017] ATMO 39 (3 May 2017)
A trident, the indicia of the Poseidon, Greek god of the sea (or Neptune for those of a preference for Roman mythology), is one of those valuable symbols which are highly suggestive of marine or maritime goods and services, but which is not descriptive. It is valuable real estate from a marketing pe...
The Concept of “Careful Purchasers” Strikes Again: Basler Electric Company v BOGE Elastmetall GmbH [2017] ATMO 64 (30 June 2017)
On 17 November 2014, motor and vehicle parts manufacturer BOGE Elastmetall GmbH (the Holder) applied for a trade mark in Australia, relying upon an extension of protection based upon international registration no. 1227675 (“the IRDA”). This was an image mark consisting of a stylised lett...
OECD/EUIPO Report Reveals Important Details About Most Common Counterfeit Trade Routes
The European Union Intellectual Property Office (EUIPO) and the Organisation for Economic Co-operation and Development (OECD) has recently published a new report titled “Mapping the Real Routes of Trade in Fake Goods.” The report uses data collected from 10 different industries, notably ...
Curvy Edges and a Credible Expert Witness: Apple Inc [2017] ADO 4 (16 May 2017)
On 8 March 2013, Apple, Inc (the Owner) filed a registration application under the Designs Act 2003 (Cth) (“the Act”) for an “Input mechanism for an earphone” (the Design). The Design was entered on the Register of Designs on 27 June 2013 and had a priority date of 8 Septembe...
Philip Morris Ordered to Pay Australia’s Legal Costs After Failing to Challenge Plain Packaging Laws
The Permanent Court of Arbitration has recently ordered tobacco company Philip Morris to pay the Australian government’s costs, after Philip Morris failed to get the Australian government’s plain packaging legislation overturned. For the uninitiated, the ...
Case Note - Swinburne v Boase [2016] WASC 299 - Always Support the Caveat with a Charging Clause or Some Other Express Grant of a Proprietary Interest
It is not uncommon for loan and residential construction agreements (or similar) to include a clause noting the lender is entitled to lodge a caveat over land. Sometimes this happens where a borrower deletes the charging provision/s but retains the provision entitling the lender to lodge a caveat. ...