IP News to Peruse
In Haydn Brush Company Ltd v The Warehouse Limited [2021] NZIPOTM 30 the Assistant Commissioner held that preparatory use had not been sufficiently evidenced from the use of a mark on letterhead.
Read moreIn Palmer v Alalaakkola [2021] NZHC 2330 the Judge overturned a Family Court decision by holding that the copyright in paintings produced during a 20-year marriage by one of the parties thereto is relationship property under the Property (Relationships) Act 1976.
Read moreIn Goldstone Homes Ltd v Goldstone Aluminium Ltd 2021 NZIPOTM 23 a registration was found to be invalid on account of bad faith, but the pleading of ‘not the owner’ was rejected even though the registration was merely a simple arrangement of the invalidity applicant’s unregistered marks.
Read moreThe Australian Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 was assented to on 10th September 2021 and was registered on 16th September 2021.
Read moreThe conventional wisdom is that, in claim drafting, negative limitations should be avoided. Where possible, it is better to express a limitation in positive terms than negative. This is generally considered best practice.
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