Congratulations to Kate Beattie SC and Stephen Rebikoff SC

Emmerson Chambers Equitable Briefing Event 2024

On 7 May 2024, practitioners gathered at Emmerson Chambers to address the topic ‘Equitable Briefing: Both Sides of the Fence’. 

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203

Trade marks — judicial estimation — whether descriptiveness of registered mark relevant to assessment of deceptive similarity

Intellectual Property Law Update - McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412

Trade marks - deceptive similarity - consideration of intention to mislead or deceive

Emmerson Chambers Ethics Event 2023

On 21 November 2023, practitioners and colleagues gathered at Emmerson Chambers for an ethics hypothetical, “A hellish day in Court”. 

Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCFCA 175

Trademark cancellation based on likelihood of deception - packaging logo and trademark dispute - section 120 and 122 defences

Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No. 3) [2023] FCA 1258

Ownership and inherent distinctiveness of a trade mark - section 41 (inherent ability to distinguish) - section 58 - Du Cros point

Intellectual Property - Appellate Law Update - Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd [2023] FCAFC 149

Appeal from decision to dismiss case against Respondents for breach of copyright and misuse of confidential information – whether case advanced in appeal was run at trial

Patent Law Update

Sanofi v Amgen Inc. (No 2) [2023] FCA 1156

Federal Court appeal from patent opposition decision – application to limit overlapping evidence from experts with same expertise – application to limit overlapping evidence in declarations lodged in the patent office to the extent already addressed in supplementary affidavits from the same expert witness

Patent Law Update

Hanwha Solutions Corporation v REC Solar PTE Ltd [2023] FCA 1017

Patents – infringement – validity – claim construction - lack of inventive step – lack of fair basis – lack of novelty – lack of utility – lack of clarity – unjustified threats – consumer law – misleading or deceptive conduct

Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd [2023] FCA 999

Appeal of opposition decision – s 59 (whether applicant intended to use mark) – application to amend trade mark specification – s 44 (deceptive similarity) – s 60 (use likely to deceive or cause confusion)

Congratulations to our Barristers who were recognised in Doyle's list of leading Australian Technology, Media & Telecommunications Counsel 2023!

The 2023 listing of preeminent Australian Technology, Media, and Telecommunications Counsel features barristers specialising in legal issues related to technology, media, and telecommunications within the Australian legal market. These individuals have been recognised by both clients and colleagues for their expertise in these field.