IP Update – March 2013 Issue 19
This edition’s Case Studies explain why Google is not liable for displaying misleading AdWords advertisements, while a Facebook user is liable for posting disparaging comments about a competitor (Seafolly). We also discuss why SUNNY ROO is deceptively similar to SUNNY BOY, and whyuse of a trade mark in a domain name redirecting consumers to a third party website is an infringement (DRH Holdings).
A printer cartridge compatibility chart is an original literary work, says the court in Tonnex. We review that decision, plus the saga of Lundbeck’s extension of patent term application and the forthcoming High Court case on the patentability of treatment of the human body (Apotex).
See our Practice Updates to learn why the America Invents Act has been revised, and to understand Europe’s forthcoming unitary patent system. And read our Insight to see why Europe’s next reform should be a patent grace period.
In this issue
Seafolly sues competitor over misleading and deceptive Facebook posts
Seafolly Pty Ltd v Madden  FCA 1346
Google not responsible for misleading and deceptive Adword advertisements: High Court
Google v ACCC  HCA 1
Lessons learned on website redirection and trade mark infringement
DRH Holdings (Australia) Limited v David Reid Homes Australia Pty Ltd  FCA 1336
Reliance in patent litigation on experimental work referenced in specification
Bristol-Myers Squibb Company v Apotex Pty Ltd (No 4)  FCA 1433
SUNNY ROO trade mark deceptively similar to SUNNY BOY trade mark
SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 5)  FCA 1483
Full Federal Court agrees that copyright subsists in original printer cartridge chart
Tonnex International Pty Ltd v Dynamic Supplies Pty Ltd  FCAFC 162
Lundbeck extension of time upheld in LEXAPRO extension of pharmaceutical patent term saga
Aspen Pharma Pty Ltd and Ors and Commissioner of Patents and H Lundbeck  AATA 851
Is a method of treatment of the human body a patentable invention?
Apotex Pty Ltd v Sanofi-Aventis Pty Ltd
- Federal Magistrates Court reforms: new name and expanded intellectual property jurisdiction
- Europe nearly has a Unitary Patent – 2014?
- America Invents Act Revised