TRADE MARKS – appeal de novo – whether marks containing the registered mark and other words (Opposed Marks) are deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – characteristics of the notional consumer purchasing vehicles – whether the notional consumer would be caused to wonder whether the Opposed Marks emanate from the same source
Recent cases
-
Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
CONTRACT – contractual interpretation – breach of contract – services agreement between consultant and mortgage broking business – where applicant claimed consultant breached notice period clause – where applicant claimed consultant breached an exclusive service obligation – where applicant claimed consultant breached confidentiality obligations – where consultant made and retained various downloads of customer-related information…
-
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
PATENTS – Applicant patentee of three method patents relating to digital mobile radios (‘DMR’) using Time Division Multiple Access (‘TDMA’) to divide frequency channel – disputed constructions – fair basing – inventive step – identification of inventive step in claims – manner of manufacture – stare decisis – whether Aristocrat Technologies Australia Pty Ltd v…
-
Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607
PRACTICE AND PROCEDURE – Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 – Where order entered in favour of the applicant – Where the applicant is no longer trading – Where the trademark is no longer registered – Where no benefit derived from the order – Where all parties…
