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Wild Geese survive Wild Turkey attack
Anita Brown, over at IPanz, reports on Cowdroy J’s exercise of discretion to leave the Wild Geese trade mark for whiskey on the Registrar, even though non-use throughout the relevant statutory period...
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DGTEK v Digiteck I
Lander J has upheld the Registrar’s decision to allow Bitech to register DIGITEK for “TV installation accessories including external TV antennas, none of the foregoing being set-top boxes” in class 9...
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DGTEK v Digiteck II
For DGTEK v Digiteck I, see here. Non-use Lander J considered that the goods covered by Hills’ registration should be limited as a result of non-use for the statutory period of 3 continuous years under...
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Draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011
A few weeks back now, IP Australia released a draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (pdf) and draft Explanatory Memorandum (pdf). You can probably guess its overall...
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Using a sign on the internet
Logan J has granted injunctions against International Hair Care UK’s use of AFFINAGE (and other trade marks) on its global website for (in effect) infringing International Hair Care Australia’s trade...
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Affinage and A.S.P. 2
For completeness, I should note that IHC UK has appealed Logan J’s decision earlier this month finding that it infringed IHC Australia’s registered trade mark for AFFINAGE. Summary here. Interestingly,...
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The Raising the Bar Bill
Senator Carr introduced the Intellectual Property Laws (Raising the Bar) Bill 2011 into Parliament today. Press release Download the text of the Bill and EM from here (choose your own format). You will...
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Another get up not made out
Mitre 10 has been refused an interlocutory injunction to stop “Masters” using a blue, white and grey get-up for a hardware store. Macaulay J was not persuaded there was a serious question to be tried...
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Jif Lemon comes to Australia
Would you mistake this: for this: If not, you’re too sophisticated. The Full Court (Greenwood and Tracey JJ, Buchanan J dissenting) has upheld Bodum’s appeal from Middleton J’s finding that the...
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House committee recommends Parliament pass the tobacco plain packaging...
In a report tabled today (pdf), the House of Representatives’ Health and Ageing committee has recommended that the House pass the tobacco plain packaging legislation. The Committee noted the...
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Senate sends tobacco bill to Committee
The Senate has referred the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 to the Legal and Constitutional Affairs committee. This bill would give the Government power to “fix” gaps in the...
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Coke v Pepsi
The war between Coke and Pepsi over the shape of a bottle is alive and well. Last week the parties were in court fighting over discovery. By the tie of the hearing what was actually in dispute was...
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More plain packaging for tobacco products
Back in July, the Government introduced the Tobacco Plain Packaging Bill and related legislation. As you will recall it generated quite some controversy as it effectively bans the use of some types of...
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Registering a trade mark in bad faith
Dodds-Streeton J has handed down what appears to be the first detailed judicial consideration in Australia of what constitutes making an application for a trade mark in bad faith contrary to s 62A....
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Another round in the plain packaging tobacco war
This is a bit behind as it happened over the break: The “tobacco plain packaging” legislation became law last December and, as you will recall, Philip Morris Asia has initiated an arbitration...
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Mediaquest v Registrar
It turns out that the Registrar does have power to undo an assignment of a registered trade mark that has been registered wrongly. A Mr Brailsford was the registered owner of the Peel Away trade mark...
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Q1?
Mr Spagnuolo has been granted “special” leave to appeal to the Full Court from Reeves J’s dismissal of his opposition to Mantra registering Q1 for a range of accommodation, travel and holiday services....
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Trade marks, un-parallel imports and the emerging concept of use as a trade mark
The Full Court has rejected another attempt by Paul’s Retail to invoke s 123 against allegations it was infringing LONSDALE trade marks. Background Lonsdale Sports Limited (Lonsdale UK) had a number of...
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Trade mark oppositions (Australia)
Andrew Sykes, a barrister and trade marks attorney, has started a new trade mark resource: Australian Trade Mark Opposition Law. According to the website: The purpose of this site is to provide quick,...
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Winnebago loses half an appeal
The Full Court has partially allowed an appeal from Foster J’s decision to order Knott Investments to stop using the Winnebago trade marks for “campers” or RVs not made by Winnebago. As a result, Knott...
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