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”…
The Federal Court Draws the Line Between Science, Branding and Trade Mark Rights
The recent decision of the Federal Court of Australia in the a2 Milk Company Limited v Care A2 Plus Pty Ltd is one of the more significant Australian trade mark judgments…
The Limitations of Section 60 of the Trade Marks Act 1995: Lessons from Federal court Decision
The decision of the Federal Court of Australia in Qantas Airways Limited v Edwards [2016] FCA 729 shows how famous brands protect their iconic logos against new competitors. This…
The Importance of Intent to use a Trade Mark: Lessons from Federal court Decision
The decision of the Full Court of the Federal Court of Australia in Bauer Consumer Media Limited v Evergreen Television Pty Ltd represents a significant moment in Australian trade…
Can a Global Superstar Take Your Trade Mark? Lesson from the “Battle of the Perrys”
The recent decision of the High Court of Australia in Taylor v Killer Queen LLC [2026] HCA 5 marks the conclusion of a significant and highly publicized trade mark dispute. Often…
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…
