Australian Consumer Law

Worth the fight: IP dispute resolution that won’t break the bank

Aug 24 2018

Small businesses and individual rights holders are set to benefit from the Intellectual Property National Pilot Scheme in the Federal Circuit Court

A specialist IP list in the Federal Circuit Court of Australia (FCC) is open for business, with the goal of achieving quick, cheap and effective dispute resolution of intellectual property matters.

The Intellectual Property National Pilot Scheme commenced on 1 July 2018 and appeals to small and medium-sized enterprises, individual rights holders and young innovators who may have previously avoided the court system even though they had a legitimate right or a good defence, but found that it simply wasn’t worth the fight.

Thunder Road toasts success in “Pacific Ale” case again (Stone & Wood’s appeal dismissed)

Mar 13 2018

On 9 March 2018, Byron Bay brewery Stone & Wood lost an appeal in the Australian Full Federal Court of Appeal to Brunswick based brewer Thunder Road with respect to their respective uses of the word PACIFIC for their rival beers.

Stone & Wood sells craft beer, including its best-selling beer “Pacific Ale”. Thunder Road launched its “Thunder Road Pacific Ale” in 2015, which it renamed “Thunder Road Pacific” later that year following letters of demand from Stone & Wood.

No Interlocutory Injunction? No Sweat

Sep 09 2014

Unilever Australia Ltd v Revlon Australia Pty Ltd (no.2) [2014] FCA 875

This case is the latest skirmish between two personal product giants, Unilever and Revlon, before war breaks out on 15 September 2014 when the trial begins.

The case concerns ‘clinical’ anti-perspirant deodorant products; Revlon’s product sold under the brand name Mitchum Clinical and Unilever’s products sold under the brand names ‘Rexona’ and ‘Dove’.

The first interlocutory injunction hearing was brought by Unilever against Revlon in May 2014 concerned misleading representations alleged to have been made by Revlon in advertising. On balance, the Court refused to grant the injunction as it would have a serious adverse impact on the worldwide marketing campaign for Revlon and the trial could be held in July 2014. The July trial was eventually adjourned to 15 September 2014. Read More

Tag:Australian Consumer Law