07 Jun, 2024 Update on the Australian Federal Court’s approach to non-English word trade marks in relation to infringement and revocation By Shehana Wijesena Julian Ferguson Non-English words are increasingly used by Australian companies to market goods and services. In February, Justice Charlesworth of the...
06 Jun, 2024 Use It or Lose It – Lessons from Seven Network v 7-Eleven Inc By Rebecca Currey Meggie Zhang A challenge by 7-Eleven has seen Seven lose its Australian registered trade mark for “7NOW” for the vast majority of goods and services...
30 May, 2024 Time’s Up: Growing Intermediary Liability for Online Platform Providers By Arthur Marsh rthurOn December 15, 2023, the Court of Appeal dismissed Samsung’s appeal of a High Court decision which held the tech giant liable for...
22 May, 2024 Look-alikes and trade dress protection: guidance from Italian Court on how brand owners can take enforcement action against third party imitators By Cristiana Andreotta To what extent can product packaging be an illicit look-alike of a competitor’s product packaging? A ruling by the Court of Turin...
25 Apr, 2024 Going Green: The Dos and Don’ts of Green Trade Marks By Constantin Eikel Green trade marks are trade marks that include any word related to the environment (such as “sustainable”, “eco”, “environment” or...
19 Apr, 2024 On Your Marks, Get Set, Register! By Christine Danos April Parker With the famous Grand National race recently coming to an end, this year’s winner, I Am Maximus, has quickly become a household name....
15 Apr, 2024 The Green Light for Green Certification Marks By Brendon Vyas With sustainability and green claims being a key focus for many brands globally, the number of “green filings” has risen exponentially as...
05 Apr, 2024 Rising (and falling) from the steam – phoenix company liable for trade mark infringement By Shehana Wijesena Meggie Zhang Case Note: Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68 Background Steam Vac Cleansing Systems Pty Ltd (SVCS)...
05 Apr, 2024 Fallen angel: Australian Full Court pops the bubble on additional damages in trade mark infringement By Shariqa Mestroni On 23 February 2024, five judges of the Federal Court of Australia overturned an award of damages against an e-marketplace provider,...
02 Apr, 2024 Proving bad faith: it takes a tough cookie? By Nina Dorenbosch In a case centred around the iconic Dutch biscuit – the stroopwafel – the highest trademark court of the Benelux recently gave some...
28 Mar, 2024 CJEU: Third-party spare parts for classic Audi cars found to infringe Audi four-ring logo By Sean Bullock In a case about classic Audi cars, the CJEU has confirmed that the repair clause found in design law is not applicable to trade mark law...
20 Mar, 2024 Important Changes to Company Name Tribunal Actions By Thomas Hooper Carina Rodriguez Lauren Ensign On 4 March 2024, the Economic Crime and Corporate Transparency Act 2023 brought several significant changes to Company Name Tribunal...
19 Mar, 2024 Battle of the supermarkets: Lidl prevail at Court of Appeal over Tesco’s use of Clubcard logo By Ewan Grist The high profile dispute between supermarket retailers Lidl and Tesco has now come to a head at the Court of Appeal, with Lidl emerging...
15 Mar, 2024 Supreme Court confirms that Amazon’s US website targeted UK consumers By Nick Aries The court did not change the law on ‘targeting’, affirming the summaries given by the Court of Appeal in the earlier Merck and Argos...
11 Mar, 2024 UK Supreme Court looks at ‘targeting’ for online TM use By Nick Aries In a decision issued this week, the Supreme Court has for the first time addressed the issue of when the use of a trade mark on a foreign...
27 Feb, 2024 A Bone to Pick with Distinctiveness of Trade Marks By Lynne Lewis Sanya Bhatnagar Is the mark “Melbourne Bone and Joint Clinic” (the MBJC Mark) for medical and orthopaedic surgery type services in classes 35 and 44...