Current Developments - Queensland

Andrew Musgrave, Barrister, reviews:

  • Midamarine Pty Ltd v DMC International Pty Ltd [2006] FCA 1458 (3 November 2006) on practice and procedure with interlocutory injunction and whether there was an arguable case raised by the applicant, whether the balance of convenience favours granting of injunction, damages an adequate remedy and test for fraudulent imitation (Designs)
  • Air Cell Innovation Pty Ltd v Tanwing International Pty Ltd [2006] FCA 117 (21 August 2006) on interlocutory injunction of an innovation patent (Patents)
  • Louis Vuitton Malletier SA v Toea Pty Ltd [2006] FCA 1443 (7 November 2006) on trade mark infringement (duty of operator of a market to prevent infringements by stall owners) and joint tortfeasors (common design or purpose and whether the operator of a market is a joint tortfeasor in the act of the stallholder) (Trade Marks)
  • Foxworth Pty Ltd & Ors v Polwood Pty Ltd & Ors [2006] QSC 185 (1 August 2006) on misleading and deceptive claim, copyright infringement through appropriation of a substantial portion for original work and eligible pereson for patents (Patents, Copyright and Trade Marks)

December 2006 edition of Intellectual Property Forum


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