Intellectual Property Update - Opposing trade mark registration: are the trade marks “substantially identical”?
Intellectual PropertyPham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83
Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83
While screenshots are useful in the Trade Marks Office where the rules of evidence do not apply, caution is required when seeking to rely on this type of evidence in Court.
Many fans and critics noticed the similarity between Taurus and Stairway to Heaven, focusing on the plucked guitar arpeggios in the opening of each song.
Ed Heerey QC regularly presents seminars on topics that relate to the area of intellectual property law
Survey evidence is often easy to criticise but very hard to exclude.
Titan Enterprises (Qld) Pty Ltd v Cross confirms that the privilege afforded to Trade Mark Attorneys is not as broad as legal professional privilege.
Registration sought for the mark BALÉ opposed pursuant to s 41 TMA on the grounds that the mark is a geographic indicator.
Hells Angels Motorcycle Corporation is the exclusive licensee in this country of trade mark registrations ©rights owned byHells Angels Motorcycle Corporation of the US
If you’re just using your own name, in good faith, the Trade Marks Act provides a defence if, by doing so you would otherwise be infringing someone else’s registered mark