The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.
Despite failing a second time to make the deadline, Advanta Seeds has won an extension to pay a renewal fee for its patent for a lucrative hybrid canola plant cell.
Home retailer Bed Bath N’ Table has asked the High Court to reverse a Full Court judgment that found retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.
In a loss for Bed Bath N’ Table, the Full Court has overturned a finding that homewares retailer House engaged in misleading and deceptive conduct by setting up its ‘Bed & Bath’ stores.
Coles has defeated a trade mark challenge to its Perform brand of sports nutrition products by a sports equipment company.
The developer of a Canola seed hybrid tolerant to herbicide has lost a bid for seed grower Nuseed to relabel its products, which are already stocked in 361 retail locations.
The patent office has rejected Visa’s application to patent a token system for securing customer data, finding the process did not address a technical problem or provide a technical solution.
Drug giant Glaxo has succeeded in extending the term for a patent for a drug that treats chronic obstructive pulmonary disease and asthma, with a delegate rejecting arguments from law firm Banki Haddock Fiora that the application was incorrectly based on a patent that was no longer valid because of amendments.
A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.
An IP Australia delegate has partially revoked a Coca-Cola trade mark for a cartoon lemon acquired from Monster Energy in 2015, finding scant evidence that Hubert’s Lemonade, which features the winking lemon, has been sold in Australia.