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Articles by Jasmine Jesty
Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations
The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid Protocol system. The amendments are scheduled to come into effect in two tranches.
USPTO Proposes Rule Changes to Refocus Inter Partes Review Proceedings
The United States Patent and Trademark Office (USPTO) has proposed significant changes to the rules governing Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). These revisions aim to enhance fairness, efficiency, and predictability in patent disputes, while curbing duplicative and costly litigation. Notably, these changes do not apply to Post-Grant Review (proceedings that must be filed within nine months of the patent issue date).
Sage Advice from the Federal Court: Stylisation of Collab Marks
In Paige v Sage and Paige1, the Federal Court considered the existence of brand collaborations in the fashion industry, colloquially known as “collabs”, in assessing the deceptive similarity of trade marks. US-based fashion house Paige LLC (Paige) appealed the Delegate’s dismissal of its opposition to the registration of the following trade mark applications in the name of Australian-based online clothing retailer Sage and Paige Collective Pty Ltd (S+P): (S+P Marks).
Keep Spinning: Aristocrat Finally Hits the Patent Jackpot
The Full Federal Court recently issued a game changing decision in Aristocrat v Commissioner of Patents [2025] FCAFC 131, which has major implications for the patentability of computer-implemented inventions.
Federal Circuit’s First Foray into AIA-Derivation Proceedings
The Federal Circuit recently issued its first review of a derivation proceeding, a rarely used proceeding provided for by the America Invents Act (AIA). In this case, two entities, Global Health Solutions LLC (GHS) and Marc Selner, each filed patent applications for a method of preparing a wound treatment ointment. GHS alleged that Selner derived his patent application from Bradley Burnam, the inventor listed on GHS’s application.
Karen Walker Has a Runaway Win Before the Trade Marks Office
In a recent decision of the Australian Trade Marks Office, Karen Walker Limited successfully opposed the registration of the mark ‘Runaway the Label‘ for clothing, footwear and headgear (class 25) and online retail services (class 35). We focus here on Delegate’s findings on deceptive similarity under s 44 of the Trade Marks Act 1995 (Cth).
Let’s Make it a Date - Best Method and the Filing Date of the Earliest Complete Application
In the recent decision of NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 8871, Moshinsky J has provided welcomed clarity around the relevant date by which the best method known to the applicant is to be identified for divisional patent applications. Namely, the relevant date is the date from which the term of the patent is calculated.
New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information
The recent decision of New Aim Pty Ltd v Leung (No 4) is a timely reminder of how confidential information needs to be treated and restricted by businesses to allow it to be protected under law. New Aim Pty Ltd (New Aim) conducts an online retail business in Australia. It sources and imports products from a range of suppliers predominantly in China and sells those products in Australia.
Publication Alert: Encrypted Messaging in the Crosshairs: Compliance, Legal Risks, and Global Perspectives
By: Corey Bieber and Guillermo Christensen K&L Gates partners Corey Bieber and Guillermo Christensen have published an article in Volume 2 of the June 2025 edition of CPI Antitrust Chronicle. The article, titled “Encrypted Messaging in the Crosshairs: Compliance, Legal Risks, and Global Perspectives”, discusses encrypted messaging applications such as WhatsApp and Signal and how these are recommended over unencrypted communication methods.
Post-Sale Confusion Relevant to UK Trade Mark Infringement Cases but Supreme Court Overturns Court of Appeal in the Umbro Case
On 24 June 2025, the Supreme Court handed down its decision in the case of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another (see here).
Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv factors should be addressed going forward.
Finding against Zoetis, the Full Federal Court held that Zoetis’ three patent applications relating to pig vaccines were invalid due to the failure to disclose the best method. The Court’s analysis focused on one of Zoetis’ patent applications (the 535 Application), as the parties agreed that the finding would apply to the other patent applications.
Federal Circuit Broadens ITC Economic Prong
In the recent decision of Lashify, Inc. v. International Trade Commission, the United States Court of Appeals for the Federal Circuit rejected the long-standing approach concerning the interpretation of the domestic-industry requirement under Section 337 of the Tariff Act of 1930. The complainant, an American company importing eyelash extensions from international manufacturers, which alleged that certain other importers were infringing on its patents.
When Life Gives you Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the UK
On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers’ packaging trade mark (see comparison below).
Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys
Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an operator impersonating a known Australia registered patent and/or trade mark attorney to garner legitimacy.
Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU
New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more. On 19 December 2024, the EU’s new Packaging Regulation was signed and will come into force 18 months after the date of publication, still to be announced. This repeals the old packaging directive and makes significant changes to the regime.
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