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...
In October 2019, anonymous artist Banksy set up pop-up shop Gross Domestic Product in Croydon, south London in response to an invalidity action filed against a trade mark. “A greetings card company is contesting the trademark I hold to my art,” Banksy said in a statement....
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...