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Category Archive: Australia

FEDERAL COURT confirms entities “subject to absolute control” as authorised users within s 8 of the TMA

In Watson as Trustee for the Watson Family Trust v Cosmetic Warriors Ltd [2022] FCA 700, the Federal Court of Australia […]

Posted on 24 June 202224 June 2022 AustraliaTrade Marks

FEDERAL COURT confirms “freshly brewed coffee” not goods of the same description  as “ready-to-drink coffee, tea” sold in cans 

Energy Beverages LLC v Cantarella Bros Pty Ltd [2022] FCA 113. In a trade mark dispute between energy drink […]

Posted on 8 April 20229 June 2022 AustraliaTrade Marks

Halal Certification Authority Pty Ltd v Flujo Sanguineo Holdings Pty Ltd [2021] FCA 1399

Federal Court of Australia Judge: BROMWICH J Date of Judgment: 12 November 2021 In Halal Certification Authority Pty Ltd […]

Posted on 24 January 20228 June 2022 AustraliaSingapore

KANGEN trade mark (for services in class 35) Refused Registration on grounds including bad faith

In Enagic Co Ltd v Horizons (Asia) Pty Ltd (No 3) [2021] FCA 1512, the Federal Court of Australia […]

Posted on 14 December 20217 June 2022 AustraliaTrade Marks

Builders Dispute over the use of “Henley” Trade Mark

In Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369, the Federal Court of Australia concluded that the […]

Posted on 10 November 20217 June 2022 AustraliaTrade Marks

Use for the purpose of “parody or satire” a defence against copyright infringement: AGL v Greenpeace

In AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625, AGL Energy Limited took Greenpeace Australia Pacific […]

Posted on 30 October 20216 June 2022 AustraliaCopyrightTrade Marks

CHEVRON saw “red” at 1st instance over its canopy fascia 

In Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617, the Federal Court of Australia […]

Posted on 28 October 202128 October 2021 AustraliaTrade Marks

“Botox” triumphant* after FULL COURT Overturned Decision at 1st Instance

BOTOX
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In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163, the Federal Court of […]

Posted on 15 October 202118 October 2021 AustraliaTrade Marks

PUMA’S “procat” mark held to be deceptively similar to CATERPILLAR’S Registered CAT marks

In Caterpillar Inc v Puma SE [2021] FCA 1014, the Federal Court of Australia held that procat was […]

Posted on 15 September 202118 October 2021 AustraliaTrade Marks

FULL COURT Upheld Decision at 1st Instance – Trade Mark Owner’s LIABILITY for INFRINGEMENT in “Authorising Use”

The present case is an appeal from the decision of Markovic J in PDP Capital Pty Ltd v Grasshopper […]

Posted on 19 August 202118 October 2021 AustraliaTrade Marks

FULL COURT confirms RELATIONSHIP between “Unity of Purpose”, “Authorised Use” and CONTROL of Trade Marks

In the Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100, the Federal Court of Australia […]

Posted on 24 June 20218 October 2021 AustraliaTrade Marks

FEDERAL COURT Clarifies “Liability of Trade Mark Owners” through Authorised Use In Relation to Trade Mark Infringement Claim

pancake with maple syrup
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The Federal Court of Australia, in PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2020] FCA 1078, confirmed the […]

Posted on 17 June 202119 October 2021 AustraliaTrade Marks

Corner Hotel Saga: Swancom unsuccessful in halting the use of “Jazz Corner Hotel”

group of people watching concert
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In Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328, Swancom Pty Ltd […]

Posted on 27 May 202119 October 2021 Australia

“VAGISAN” Refused Registration by FULL COURT – overturning decision at 1st Instance in Trade Mark Battle for “Feminine Care”

white ceramic sink beside window
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In Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel [2021] FCAFC 8, the Federal Court of Australia […]

Posted on 20 May 202118 October 2021 AustraliaTrade Marks

Battle of BURGERS: Appeal Dismissed by Full Court – Hashtag Burgers Down and Out!

In Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235, the Full Court dismissed the appeal by […]

Posted on 23 February 202119 October 2021 AustraliaTrade Marks

PASTA and GARLIC BREAD held to be “Goods of Same Description”

pasta dish with vegetables
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In Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808, the Federal Court of Australia held […]

Posted on 17 February 202119 October 2021 AustraliaTrade Marks

“Urban Ale” Trade Mark Cancelled after FULL COURT Affirms Findings of First Instance

Urban Ale, Urban Pale
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In Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd [2020] FCAFC 186, Urban Alley Brewery Pty […]

Posted on 4 January 202119 October 2021 AustraliaTrade Marks

LIMEBIKES “Manoeuvring Past” LIME Taxis

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I leaned upon it, looking down on the dead body of my foeman, and as I thought of the battle I had just fought.

Posted on 29 December 202019 October 2021 AustraliaTrade Marks

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