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 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...
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,...
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...
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,...
04 Apr, 2023 Australian High court injects some clarity on the relevance of reputation on trademark infringemen By Shariqa Mestroni Shehana Wijesena Lynne Lewis On 15 March 2023, the High Court delivered its long awaited judgment in Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd...
10 Mar, 2023 IP Australia rejects India’s trade mark application for the word ‘Basmati’ By Aaron Mathew Rebecca Currey The Agricultural and Processed Food Products Export Development Authority (APEDA), a part of the Indian Government’s Ministry of Commerce...
16 Dec, 2021 Burgers, beers and wicked desserts: Lessons for brand owners from the Australian Food & Beverage sector By Lynne Lewis Shariqa Mestroni t turns out that 2021 was the year for the Australian food & beverage sector to take trade mark cases to the Full Federal Court. In this...