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ZIMA tomato trade mark far from rotten

Case note written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In Mastronardi Produce Ltd v Registrar of Trade Marks [2014] FCA 1021 (19 September 2014) Justice Gordon has overturned a decision of the Registrar to reject the mark ZIMA in respect of tomatoes.

Trade mark owner successfully runs a claim for additional damages up the pole

Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In Vertical Leisure Limited & Anor v Skyrunner Pty Ltd & Anor [2014] FCCA 2033 (5 September 2014), the Federal Circuit Court has extended the record by awarding $300k in additional damages for infringement of Vertical Leisure’s X-POLE mark registered for pole-dancing poles. Vertical Leisure is the Australian and international market leader in respect of such products.

Co-patentees jump the gun in appealing to the AAT

Case note by Peter Heerey AM, QC, Tom Cordiner & Alan Nash: correspondents for South Australia, Victoria and Western Australia
Stylis and Commissioner of Patents [2014] AATA 796 28 October 2014
The Administrative Appeals Tribunal has refused an application to review a particular decision of the Commissioner of Patents on the basis that the AAT lacks jurisdiction to review it.

Appeal against leave to amend statement of claim in group proceeding

The Victorian Court of Appeal has refused an application for leave to appeal against a decision of a trial judge to allow a plaintiff to amend his statement of claim in a group proceeding. The amended pleading relates to the interpretation of section 729 of the Corporations Act 2001 (claim for loss and damage arising from misleading or deceptive statements in a disclosure document).

What happened to the Asian Century?

After great introductory fanfare, the Asian century was meant to be all things to those who traded in Asia. But have events turned out that way? This article says yes and that opportunities continue.

County Court scales up on costs – Order 63A.

Are you a County Court litigator charging scale? If so, congratulations, you just got a pay rise. Commiserations on the other hand if you a County Court litigant already rueful about rejecting a shrewd offer of compromise. Your burden just got heavier. The County Court of Victoria has amended its cost rule, Order 63A. For beneficiaries of scale costs (lawyers and successful litigants especially) this is good news.