Federal Court decision provides guidance on several useful aspects for practitioners

Australia

In Insight Radiology v Insight Clinical, Insight Clinical enjoyed a substantial victory in its claims that Insight Radiology’s conduct constituted trademark infringement, passing off and misleading or deceptive conduct. This decision has several useful aspects for practitioners, including its exploration of how a questionable claim to ownership of a trademark application may be cured by assignment, as well as the threshold level of reputation required for a Section 60 opposition.

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