In the recent decision of Aqua HD [2025] APO 2, the Delegate denied a request for an extension of time made by a patent applicant’s trustee, who had been appointed by the court to wind down the company following insolvency proceedings. The Delegate concluded that the trustee failed to demonstrate that any force majeure events were causally linked to …
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It is with great sadness that we advise that former Principal of POF, David Tadgell, passed away a few days ago. David joined Phillips Ormonde Fitzpatrick in 1983 and became a partner in 1993. David was a key member of the Chemistry & Life Sciences group at POF and served on our management committee and …
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You might be tempted to ask Artificial Intelligence for legal advice. But as we’ve seen from the decision in Valu v Minister for Immigration it’s not a reliable source of information. In this case, an immigration lawyer used AI to assist in drafting legal submissions. The submissions were found to include references to cases and …
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We have been made aware of scam emails regarding Trade Mark protection that appear to be sent by several POF Attorneys using incorrect and fraudulent email addresses. These emails from “Trademark Registry Hub” falsely claim to offer assistance and urge you to take immediate action to protect your intellectual property rights. This is a serious …
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The United States Patent and Trademark Office (USPTO) has announced significant fee changes for US IP rights, effective from 18 January 2025. PatentsOn top of an increase of about 7.5% to most patent fees, significant increases and new fees have been introduced to incentivize efficient patent prosecution strategies and reduce the burden on patent examiners. …
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This year, Phillips Ormonde Fitzpatrick (POF) proudly marks our 30th anniversary in the Sydney office. This milestone provides an opportunity to reflect on POF’s growth and to recognise where we are today. “Our Sydney office opened in Chatswood in 1994 following ever-increasing demand from our Sydney and NSW-based clients. We are very pleased that our …
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Many of our clients make use of the Australian Registered Designs system to protect the unique appearance of their products.
The good news is that what constitutes a ‘product’ as defined by the Australian Designs Act 2003 is broad, and includes: -a thing that is manufactured or handmade;-a separately made component part of a complex …
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We are pleased to see the Australian Broadcasting Company tackle the topic of counterfeiting in its Foreign Correspondent “Faking It” program available on ABC TV and iView. The television show highlights numerous issues faced by brand owners (including some POF clients) in order to deal with fake items in the UK but also worldwide. These …
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Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations. Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration for non-use under s. 92(4)(b) may only be filed after three years from the date the particulars of the trade mark were “entered into the Register”. Prior to the …
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The owner of the popular ‘House’ stores, engaged in misleading and deceptive conduct when it took part of Bed Bath ‘N’ Table’s branding for its new homewares store, the Federal Court has found. In Bed Bath ‘N’ Table v Global Retail Brands Australia[1] , Justice Rofe found that GRBA’s decision to brand its soft homewares …
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