An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 21 February 2014.
We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation. Contact us here for more information on how we may be able to assist you.
Please note that the information in the tables below is correct as at the date of the posting but is subject to change. Please check the Commonwealth Courts portal for the current status of any of the cases below.
Intellectual Property Cases Commenced
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| NSD166/2014 | First American Title Insurance Company Of Australia Pty Limited | MSA National Pty Limited | Trade marks | 20 February 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View order here 21 February 2014 Directions |
| NSD169/2014 | First American Title Insurance Company Of Australia Pty Limited | MSA National Pty Limited | Trade marks | 20 February 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View order here 21 February 2014 Directions |
| NSD162/2014 | Unilever Australia Limited & Anor | The Proctor & Gamble Company | Trade marks | First Directions set for 25 March 2014 |
| VID96/2014 | Smash Enterprises Pty Ltd | Smiggle Pty Ltd | Copyright | First Directions set for 28 March 2014 |
| PEG51/2014 | Western Australian Land Authority | Registrar of Trade Marks | Appeal |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD2426/2013 | Eremad Pty Ltd | Sanofi | Trade marks | 17 February 2014 Administrative Listing 2014 Adjourned – Pre-Hearing
View orders here Directions set for 4 March 2014 |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 21 February 2014 Administrative Listing Adjourned Pre-Hearing
View orders here View judgement here |
| VID109/2009 | Britax Childcare Pty Ltd | Infa Products Pty Ltd | Patents | 21 February 2014 Part Heard Adjourned – Judgement Reserved |
| VID263/2012 | Bugatti GmbH | Shine Forever Men Pty Ltd | Trade marks | 17 February 2014 Hearing Adjourned – Judgement Reserved |
| WAD167/2013 | Roy Weston Nominees Pty Ltd | Harcourts WA Pty Ltd | Trade marks | 21 February 2014 Interlocutory Hearing Adjourned – Judgment Reserved
View orders here View judgement here |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd & anor | Noel Woff & ors | Copyright | 18 February 2014 Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 4 March 2014 |
| VID1022/2013 | Heart Rate Inc. | Robert Crouch & Anor | Trade marks | 18 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID1107/2013 | AstraZeneca AB & Anor | Alphapharm Pty Ltd | Patents | 18 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 5 March 2014 |
| VID1291/2013 | Robert Crouch | Bodytastic Pty Ltd | Trade marks | 18 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| WAD27/2013 | Roadwest Transport Equipment & Sales Pty Ltd | Bonfiglio Holdings Pty Ltd & Ors | Design | 19 February 2014 Administrative Listing Adjourned – Pre-hearing
View orders here Directions set for 10 March 2014 |
| SYG3218/2013 | Microsoft Corporation & Ors | Ramez Morris Sarofeem trading as ‘PC Tele Consulting’ | Copyright | 19 February 2014 First Court Date Adjourned – Pre-Hearing
View orders here Directions set for 17 March 2014 |
| VID1147/2013 | Spraying Systems Co & Anor | Spray Technologies Co (Dayangzhou) Pty Ltd | Copyright | 19 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Scheduling Conference set for 14 March 2014 |
| VID1334/2013 | Monk Legal Pty Ltd & Anor | Pro-Vac Cleaning Systems Group Pty Ltd & Anor | Patents | 19 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 5 March 2014 |
| VID611/2012 | Louis Vuitton Malletier | Sonya Valentine Pty Ltd & Ors | Trade marks | 19 February 2014 Directions and Interlocutory Hearing Adjourned – Part-Heard
View orders here Examination set for 26 March 2014 |
| NSD227/2011 | Tigerturf International Ltd | Fieldturf Tarkett Inc | Patents | 20 February 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 17 March 2014 |
| NSD66/2014 | Home Box Office Inc | Broo Ltd | Trade marks | 20 February 2014 First Directions Adjourned – Pre-Hearing
View orders here Hearing set for 29 May 2014 |
| NSD96/2011 | Fieldturf Tarkett Inc | Tigerturf International Limited | Patents | 20 February 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 17 March 2014 |
| QUD486/2013 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 20 February 2014 Administrative Listing
Directions set for March 2014 |
| SYG239/2013 | The Unit Australia Pty Ltd | Bell Potter Securities Ltd | Copyright | 20 February 2014 Directions Adjourned – For Hearing
View orders here Hearing set for 19 March 2014 |
| VID1043/2013 | MCI Group Holdings SA | Secondment Pty Ltd | Trade marks | 20 February 2014 Directions Adjourned – Pre-Hearing
View orders here |
| WAD18/2014 | Austming Trade Pty Ltd | Mindsinsync, Inc. | Patents | 20 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 27 March 2014 |
| MLG1053/2013 | Ita Buttrose & Anor | The Senior’s Choice (Australia) Pty Ltd & Anor | Copyright | 21 February 2014 Hearing Adjourned – For Hearing
Hearing set for 3 March 2014 |
| VID784/2012 | Fairlight.Au Pty Ltd | Peter Vogel Instruments Pty Ltd & Anor | Trade marks | 21 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 July 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| SYG2536/2013 | Australasian Performing Right Association of Australia Limited | Sound Box Karaoke Pty Limited & Ors | Copyright | 17 February 2014 Administrative Listing Finalised – Discontinued |
| NSD2018/2008 | Fortytwo International Pty Ltd & Anor | Kim Barnes & Anor | Copyright | 18 February 2014 Judgement Finalised – Granted/ Allowed
View judgement here |
| SAD291/2013 | Neobev Pty Ltd | Bacchus Distillery Pty Ltd (Administrators Appointed) | Patents | 19 February 2014 Judgement Finalised – Granted/ Allowed
View orders here View Judgement here |