Aristocrat v Commissioner of Patents: Redefining Patentable Subject Matter in Australia
For more than a decade, Australian courts and IP Australia have struggled to develop a consistent and predictable test for assessing as to how the “manner of manufacture”…
Market Competition and Consumer Perception: Lessons from the Bohemia Crystal Dispute
The decision of the Federal Court of Australia in Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235 represents a significant moment in Australian trade mark law,…
Assessing the Probability of Deception: A landmark decision from Australian High court
The decision of the High Court of Australia in Australian Woollen Mills Limited v F S Walton and Company Limited [1937] HCA 51 remains an important decision under Australian trade…
The problem with Deliberate Genericization: Lessons from a recent judgment of Federal Court
The decision of the Federal Court of Australia in Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd [2026] FCA 161 represents a significant development in…
The “Mark Within a Mark”: How Composite Branding Protects Your Core Trade Mark
The decision of the Federal Court of Australia in Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd concerns two interconnected trade mark disputes relating to a device…
What can or cannot be patented: A Comparative Analysis Globally
In today’s dynamic and competitive landscape of Intellectual Property Rights (IPR), understanding what can or cannot be patented is essential for individuals, organizations, and…
Trade Mark Infringement and the risks of imitation masked as a “tribute”
The case of Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 is much more than a simple dispute over fast-food naming rights, i.e. it is a definitive lesson in the…
Animated Characters and the Limits of Trade Mark Infringement
The High Court of Australia’s decision in Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66 remains a landmark judgment in the domain of trade mark…
