Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) What happened in the first instance? Ceramiche is a tile manufacturer based in Italy. Their “CAESAR” trade mark has been used in Australia since 1988 and was registered in Australia since 2004 for “ceramic tiles...

With more people shopping online than ever, consumers are relying on online retailers and service providers for their purchases. Unfortunately, the convenience of online shopping comes with challenges; the costs to Australian businesses due to counterfeit products are increasing. The Australian government hopes to promote confidence in...

Further to our previous updates regarding IP Australia and the COVID-19 pandemic, IP Australia has decided to extend the deadline for requesting extensions of time when a deadline cannot be met due to COVID-19. The deadline has been extended to 31 October 2020. To reiterate, IP...

McDonald's claims rival Hungry Jack's has infringed its "Big Mac" trade mark with their newest burger “Big Jack”. Fast food giants McDonald’s and Hungry Jack’s are going head to head after McDonald’s Asia Pacific launched Federal Court proceedings against Hungry Jack’s on August 28. The fast food standoff began when...

Did you spend money on exporting or marketing your goods or services overseas last financial year? The Export Market Development Grants (EMDG) scheme is an Australian Government financial assistance program providing export-ready small to medium businesses with financial assistance by reimbursing up to 50 per cent of eligible promotional expenses above $5,000 (provided that the total expenses...

The concept of use arises frequently in trade mark matters. In this post, we outline when you might need to provide evidence of use, what the evidence needs to show and what kind of evidence to provide.           There are several scenarios where evidence of use may...

IP Australia have amended their official fees for patents, trade marks, and designs after they sought public comment on their fee structure in 2019. A large portion of the fee changes are aimed at requests filed not using their preferred means systems i.e IP Australia...

Have you just received a cease-and-desist letter from someone accusing you of infringing their patent? Does the letter order you to stop all your commercial activities immediately? An accusation of patent infringement is a serious concern which can prove to be a costly mistake, if ignored. However,...

[caption id="attachment_24970" align="alignleft" width="345"] Photo by ThisisEngineering RAEng on Unsplash[/caption] “We are all inventors, each sailing out on a voyage of discovery, guided each by a private chart, of which there is no duplicate. The world is all gates, all opportunities.”― Ralph Waldo Emerson         [vc_separator type="transparent"][vc_separator type="normal"]What does...

A London Court recently dismissed an appeal by Jaguar Land Rover Limited (JLR) relating to trade mark rights for the shape of its Defender SUV. [caption id="attachment_24947" align="alignright" width="343"] Land Rover Defender 90, 1997 model. Photo source: https://www.motoringresearch.com/[/caption] What Happened JLR (owned by Tata Motors) applied to register...

Different countries have different rules when it comes to recognition of trade mark rights. In today’s global marketplace, you may plan to sell your products in various countries or even manufacture them overseas. This is why it is important to protect your brand in the countries...

In a long overdue response to the Review of the Designs System – Final Report prepared by the now defunct Advisory Council in Intellectual Property (ACIP) in 2015, IP Australia has announced the introduction of a 12 month grace period from the priority date of...

Brands are creatively catering to the growing vegetarian trend. Research conducted by Roy Morgan has found that 2.5 million people (12.1% of the population) in Australia are now eating all or almost all vegetarian. Award-winning chef Alejandro Cancino (who happens to follow a vegan lifestyle) has created 4 tasty, high-quality meat-free...

In a long sought win for patentees, in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778, Justice Burley of the Federal Court has found that the claims of a group of innovation patents directed to electronic gaming machines (EGM) claim patentable...

Queensland Day is coming up on the 6th June. It is an opportunity to commemorate the state’s culture, heritage, people, places and industry. The date marks the official separation from New South Wales as an independent colony on 6 June 1859. For our international friends, the...

  [caption id="attachment_24568" align="alignnone" width="480"] Glass Outlet's Spigot Insulator[/caption] Key points: A certified innovation patent is one effective, fast and relatively inexpensive option for deterring copycats and competitors Avoid selling or disclosing your invention until after patent protection has been sought 25 August 2021 is last possible filing date for new...

          When you’re ready to apply for a patent, it can be beneficial to get advice from an attorney. Australian Patent attorneys are specialists in this area of the law and they will be able to guide you through the requirements for patenting your product and answer any...

Translate »