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 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…
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…
