Tag: Currently browsing "Corrs Chambers Westgarth"
Corrs Chambers Westgarth - End of the Line for Trade Mark Oppositions
Corrs Chambers Westgarth reviews a recent decision of the Federal Court of Australia of The Scotch Whisky Association v. Marlon de Witt [2008] FCA 73, which they consider raises a bar to avenues of appeal in unsuccessful trade mark oppositions.
According to Corrs Chambers Westgarth, this case sounds a note of caution for unsuccessful opponents in the Trade Marks Office considering appealing the decision to the Federal Court. This case demonstrates that subsequent appeals, even where there are good grounds for the matter to be reconsidered by the Full Court, may be stymied by an overly strict approach to other traditional requirements for leave. By contrast, an unsuccessful opponent who permits the mark to become registered and then commences cancellation proceedings in the Federal Court has an unfettered right of appeal to the Full Court against the decision at first instance. Accordingly, Corrs Chambers Westgarth notes that this may become the preferred avenue for an unsuccessful opponent before the Trade Marks Office to progress its case in the courts.
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- Published:
- 01 Mar 2008 / 01:38 AM
- Category:
- Trade Marks
Stephen Stern - Counterfeiting from an Australian perspective
Counterfeiting from an Australian perspective: Why the counterfeiters are winning and what can be done about it - Licensing Executives Society Australia New Zealand seminar by Stephen Stern
The Government announced that it would provide funding of $12.4 million over the next two years to strengthen the capacity of the Australian Federal Police and the Commonwealth Director of Public Prosecutions to take enforcement action against intellectual property crime. In light of this announcement, Stephen will provide a hands-on and practical insight into the counterfeiting story in Australia – where it is now, and where it is going.
Stephen Stern: Stephen is the National Practice Group Leader of the Corrs Chambers Westgarth’s Intellectual Property & Technology section. He has been practising since 1979 focusing on patent and trade mark litigation. As part of his trade mark litigation practice he has always had a significant anticounterfeiting practice acting for some of the world’s best known brands including: Nokia, Louis
Vuitton Malletier, Lacoste, Brother, Caterpillar, Hugo Boss, Foster’s, Cartier, Ferrari, Alfred Dunhill, Tommy Hilfiger, adidas, Nike, Maserati, Mont Blanc, Christian Dior, Emenegildo Zegna, Vans, Gucci, Baume & Mercier, Grand Marnier, Fendi, Oakley, Veuve Clicquot, Moët & Chandon and The French Government Cognac Office.
Venue: Mallesons Stephen Jaques, 50/600 Bourke Street, Melbourne
Date: Thursday, 14 February 2008
Time: 12.30pm for 1.00pm to 2.00pm
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- Published:
- 22 Jan 2008 / 01:16 AM
- Category:
- Copyright, Designs, Trade Marks, Trade Practices
Protecting the property of intellectuals (and “the couch wins”
Protecting the property of intelelctuals - The Age’s “My Career” section on Saturday, 9 December 2006 includes an article by Marcella Bidinost, in which she interviews Mark Evenhuis, a graduate at Corrs Chambers Westgarth and Frances Wheelahan, a senior associate also at Corrs Chambers Westgarth on being an intellectual property lawyer. A helpful article for those still at school who might contemplate being a lawyer specialising in intellectual property.
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- Published:
- 07 Dec 2006 / 08:06 PM
- Category:
- Distractions