25 Nov, 2024 It takes all kinds – the Federal Court of Australia issues decision on coffee jar trade mark dispute By Shehana Wijesena Sanya Bhatnagar Jonathan Wong In a country where coffee culture reigns supreme, it comes as no surprise that coffee products are often the subject of litigation in...
14 Nov, 2024 It takes all kinds – the Federal Court issues a decision on Moccona and Vittoria’s trade mark dispute over the use of coffee jars... By Shehana Wijesena Sanya Bhatnagar In a country where coffee culture reigns supreme, it comes as no surprise that coffee products are often the subject of litigation in...
05 Nov, 2024 Bed, bath & actually not misleading after all – the Full Court unanimously overturned the primary judge’s finding that HOUSE BED & BATH was misleading By Shehana Wijesena Jonathan Wong On 31 October 2024, in a loss for Bed Bath ‘N’ Table (BBNT), the Full Court of the Federal Court unanimously held that the “HOUSE BED &...
05 Nov, 2024 Transforming A Brand into A Global Business – what to consider from a legal perspective By Shehana Wijesena There is nothing more rewarding and exciting than having a concept for a business, launching it and then scaling it for the purposes of...
29 Oct, 2024 Australia: Complaint denied – what is the role of the .au dispute resolution policy in complex trade mark disputes? By Tom Johnston Jane Owen An Administrative Panel has denied a complaint brought by Interpump Group SPA (Interpump Group) against Colussi Engineering Pty Ltd...
14 Aug, 2024 Stick to your lane – rival fans clash over trade marks By Rebecca Currey Shehana Wijesena Tom Johnston A hard-fought battle over the right to use the “FANATICS” mark in Australia for clothing and retail services has been won at first...
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...
26 Apr, 2024 Bring out the wine and cheese: Enhanced protection for European GIs in New Zealand By Jane Owen Shariqa Mestroni From 1 May 2024, changes to the Geographical Indications (Wine and Spirits) Registration Act 2006 (GI Act) in New Zealand will be...
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,...
25 Mar, 2024 Rising (and falling) from the steam – phoenix company liable for trade mark infringement By Shehana Wijesena Case Note: Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68 Background Steam Vac Cleansing Systems Pty Ltd (SVCS)...
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...
24 Jan, 2024 Bed, bath & contravening the Australian Consumer Law – borrowing words from a competitor’s brand held to be misleading and deceptive conduct By Jane Owen Shehana Wijesena For a retailer looking to expand the domain of its offerings, it may be logical to look to the existing retailers who are already...
21 Nov, 2023 All that glitters is not gold – ‘ORO’ trade marks found to be invalid By Lynne Lewis Shehana Wijesena Meggie Zhang On 20 October 2023, Yates J of the Federal Court of Australia delivered judgment in the long-running dispute in Cantarella Bros Pty Ltd v...
14 Sep, 2023 Australian Trade Marks Office releases guidance on applications relating to the virtual goods, the metaverse, NFTs, and blockchain By Shehana Wijesena As a result of the rapid increase in Australian trade mark applications claiming virtual goods, goods and services in the metaverse,...