Nothing But Foreign Reputation Insufficient for Opposition
In Kiwi Fresh Orange Company Limited v Monde Nissin (Australia) Pty Ltd 2020 NZIPOTM 26, despite spill-over reputation from the Australian market, the Assistant Commissioner declined to find a likelihood of deception or confusion due to the low distinctiveness of Monde Nissin’s marks.
First Reading for AU Designs Amendment Bill
Following on from the consultation late last year the Australian Government has now introduced and given the first reading of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020.
Small Differences from Prior Art Can Be Inventive
In Lonza NZ Limited v Koppers Performance Chemicals New Zealand 2020 NZIPOPAT 4 the Assistant Commissioner confirmed that close prior art is not sufficient for a finding of obviousness.
Wholesalers Ability to Qualify as Average Consumers Confirmed
In Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft 2020 EWHC 2858 a UK Judge held that the Hearings Officer was wrong to hold that members of the trade do not qualify as average consumers for the purposes of evaluating the likelihood of confusion.
Dotcom decision continues to present an “object” of consternation
The Supreme Court of New Zealand has issued its decision in Ortmann, van der Kolk, Batato, Dotcom v USA and Anor  NZSC 120. The case relates, among other things, to s 131 of the Copyright Act 1994, which sets out criminal offences in relation to copyright works.