Is imitation the sincerest form of flattery?

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In an all too common scenario, the iconic 1959 Mini design has recently attracted the interest of a Chinese electric vehicle company known as Beijing Estech Technology Co (BET). BET had filed a design with the Chinese Intellectual Property Office (CNIPA), heavily based on the classic 1959 Mini design, albeit with very minor changes. This …
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Informal contracts and lessons in construction

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The High Court’s recent decision in Realestate.com.au v Hardingham[1] has reversed the Full Court’s majority decision[2] and, in doing so, highlighted the importance of ensuring agreements are reflected in writing. BackgroundHardingham and his company Real Estate Marketing Australia Pty Ltd (Hardingham) were engaged by real estate agencies over the phone to take photographs and produce …
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Lion’s frothie trade mark gets knocked back

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Steinlager markets itself as New Zealand’s finest beer, but its foray into a Japanese style frothie fell a little flat after a trade mark challenge from Asahi Beverages. Lion NZ Ltd launched TOKYO DRY, as part of its Steinlager range in NZ in November 2016. For those beer lovers among us, the brew was described …
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These pickets are stars

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A recent Australian Designs Office decision highlights the potential importance of including a Statement of Newness and Distinctiveness (SoND) in an Australian design registration, as well as the extent to which an SoND can influence the scope of protection. Griffith Hack v Clipex[1] concerned 22 design registrations owned by Clipex, with each design in respect …
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Watching your step – How to avoid unintentional infringement while working with third parties 

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The factual situation in Campaigntrack v Real Estate Tool Box is not an uncommon one. Wanting a better software program for its operations, a business enters into an arrangement with a software developer who has experience in that area to develop a new program with reference to a competitor program’s functionality. What was interesting and …
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