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”…
Platform Liability Recalibrated: Takeaways from a federal court decision
The Full Federal Court’s February 2024 decision in Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15 is, at first glance, a victory…
Trade Mark, Deceptive Similarity and the Limits of Brand Dominance
Australia Post is one of the most immediately recognizable brands in the country. Its trade mark, AUSTRALIA POST, has been in continuous commercial use since 1975, carries three…
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…
