BOTOX Reputation Unable to Provide Smooth Result for Allergan’s Infringement Allegation
In Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd  HCA 8 the High Court has unanimously allowed Self-Care’s appeal, holding that Allergan’s BOTOX mark has not been infringed either by Self-Care’s use of the phrase "instant Botox® alternative" or by its mark PROTOX.
Plant Variety Rights Act 2022 Receives Royal Assent
Following Committee of the Whole House readings the Plant Variety Rights Bill was read a third time on 15th November 2022 and received royal assent as the Plant Variety Rights Act 2022 on 18th November 2022.
CAFC Finds Eagle Doesn’t Drift Into Par’s Infringement Trap
In Par Pharmaceutical Inc v Eagle Pharmaceuticals Inc 21-2342 the Court of Appeals for the Federal Circuit (CAFC) affirmed a District Court’s finding that fluctuations in pH levels in a generic composition would not inevitably result in infringement.
Fonterra’s Opposition Brings Perfect Day’s Accepted Application Down To (and below) Ground
In Fonterra Co-operative Group Ltd v Perfect Day Inc  APO 59 an application relating to dairy substitutes was successfully opposed in a case where more careful drafting could have avoided that outcome.
Unfair Advantage Ruling Upheld
In Monster Energy Company v Red Bull GmbH 2022 EWHC 2155 a UK High Court Judge upheld a Hearings Office decision that allowed an opposition based on taking unfair advantage of a well-known mark without requiring a subjective intention to do so.