In E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15, Gallo relied on its trade mark registration for "BAREFOOT" covering wine to commence infringement proceedings against Lion Nathan for its use of "BAREFOOT RADLER" for beer. Lion Nathan counter-claimed for removal of Gallo’s trade mark from the Register on the basis of non-use.

A recent decision of the Full Federal Court highlights the benefits to be obtained from registering a trade mark prior to commencing business, and the potential expense and inconvenience in enforcing your rights without a registration.

In an increasingly converged beverage market, trade mark strategy must be forward-looking rather than reactive.

Madderns lawyers congratulates one of its patent and trademark clients on their success.

The risks associated with the non-use of a registered trade mark are highlighted in a recent case.

Bluescope Steel has engaged in a long running battle with IP Australia to protect branding on a pre-painted steel strip.

The High Court decided that the patent "exhaustion doctrine" should be applied instead of the "implied licence doctrine".

Discusses recent patent decision that will affect those seeking to invalidate patents & patent owners.

A PTE is a useful mechanism for a patentee to extend the term of a pharmaceutical patent from the standard 20-year term.

Distinctive marks are easier to register and enforce, so select a trade mark that is unique and likely more memorable.

The process for filing a New Zealand trade mark application is similar to filing a trade mark application in Australia.

Patent laws in many countries impose an onus on patent applicants to act in good faith in dealing with the patent office. For example, in Australia, a patent may be held to be invalid if it is shown that the patent was obtained by fraud, false suggestion, or misrepresentation. In the United States, applicants, inventors and their attorneys have a duty of candour, good faith, and honesty in dealings with the patent office and a patent may be held to be unenforceable if there was inequitable condu

After a government review, the innovation patent system in Australia will be abolished from 26 August 2021.

With the 2014 edition of Le Tour de France underway, it's a good time to have a look at bike related IP.

"The Gambler" is a country song written by Don Schlitz and made famous by Kenny Rogers.

Discusses importance of a practical, common-sense assessment when determining whether goods are of the "same kind" for TM opposition purposes.

The patent box is limited to corporate taxpayers conducting R&D in the medical and biotechnology sectors.

These new changes will apply the next time you want to register the ".au" domain name incorporating your new trade mark.

Australian design registrations provide exclusive rights in the appearance of a product. While popular, the system has been criticised for the somewhat limited scope of the protection provided to the design owner.

NZ Assistant Commissioner of Patents found that under NZ Patent Law, an inventor can only be a natural person.