-
![Pilatus Training Solutions Australia Pty Ltd v Secure & Innovate Group Pty Ltd [2024] FCA 1294](https://www.dundaslawyers.com.au/wp-content/smush-webp/xconfidential-information.jpg.webp.pagespeed.ic.B81ql926CQ.webp)
Pilatus Training Solutions Australia Pty Ltd v Secure & Innovate Group Pty Ltd [2024] FCA 1294
DISCOVERY – application for preliminary discovery – where documents sought to determine whether to commence proceedings for copyright infringement and breach of confidence – whether anticipated copyright claim would be defeated by s 183 of the Copyright Act (Cth) – whether confidential information adequately defined Related cases on preliminary discovery Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1294For…
-
Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT – artistic works – designs on packaging of children’s food products – where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants’ works – whether the applicants owned the copyright in the relevant works – whether the respondent’s designs reproduced…
-
Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
INTELLECTUAL PROPERTY – application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) – consideration of relevant factors…
-
Spruson & Ferguson Pty Ltd v Gennochio [2024] FCA 1227
COSTS – determination of two separate review applications in relation to Registrar’s decisions on costs relating to (1) a preliminary discovery application and (2) the costs of and incidental to providing preliminary discovery and production – Held: first review application dismissed with costs, second review application allowed with costs. Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1227For more…
-
Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218
PRACTICE AND PROCEDURE – leave to withdraw an admission – where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property – where precise number of trees remains an issue in the proceedings – where no prejudice to the applicant Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1218For more information,…
-
FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764
INTELLECTUAL PROPERTY – trade marks – alleged infringement of registered marks under s 120 of the Trade Marks Act 1995 (Cth) – deceptive similarity – misleading or deceptive conduct – alleged breaches of s 18 and s 29(1)(g) and (h) of the Australian Consumer Law (ACL) – tort of passing off. TRADE MARKS – infringement…
-
Comite Interprofessionnel du Vin de Champagne v Network Nutrition Pty Ltd [2024] FCA 780
PRACTICE AND PROCEDURE – costs – appeal from decision of Registrar of Trade Marks – where proceeding resolved on the eve of final hearing – where agreed resolution involved the appellants discontinuing the proceeding – where the parties did not reach agreement on costs – where each party sought its costs of the proceeding –…
-
Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
PATENTS – innovation patent relating to hinges – infringement – validity – whether primary judge erred in the proper construction of the invention disclosed PATENTS – validity – lack of clear and complete description – classical sufficiency – “relevant range” – s 40(2)(a) of the Patents Act 1990 (Cth) – whether primary judge erred in…
-
RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent’s validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error –…
IP Rich Businesses
Make an enquiry
