Informal contracts and lessons in construction

by

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 …
>> Read more

Lion’s frothie trade mark gets knocked back

by

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 …
>> Read more

These pickets are stars

by

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 …
>> Read more

Caravan design objection told to hit the road

by

A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
>> Read more

Patent tax cuts put back in the box

by

The future looks grim for Australia’s patent box tax regime. The previous Liberal government announced a patent box regime for Australia in the May 2021 budget, to provide concessional tax treatment for income derived from exploiting a medical or biotechnology patent (and subsequently agricultural and low emissions patents).  Following industry consultation, The Treasury Laws Amendment …
>> Read more

Phillips Ormonde Fitzpatrick acquires Brand Haven

Phillips Ormonde Fitzpatrick is pleased to announce the strengthening of its Trade Marks practice team with the acquisition of NSW-based IP firm, Brand Haven. Brand Haven will be fully integrated into Phillips Ormonde Fitzpatrick. Director and Principal of Brand Haven, Philip Macken, will be joining Phillips Ormonde Fitzpatrick on 1 November as Special Counsel. Phil …
>> Read more