Monthly Archive for: ‘May, 2016’

An “all or nothing” approach to trade mark opposition proceedings in Australia?

A Hearing Officer at IP Australia recently upheld McDonald’s opposition against the mark McKosher in respect of a broad range of goods and services in classes 29, 30, 32 and 43. McDonald’s demonstrated a reputation in Australia in various earlier Mc-formative trade marks such that there was a likelihood of contextual confusion. The McKosher mark was “of the same conceptual …

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WIN v Nine: Bumping shoulders as the internet grows more crowded

Prepared by:    Michael Swinson and Helena Kanton Australia’s major media companies are increasingly bumping shoulders as technology convergence brings them into closer competition with one another. The Internet has become a new common battleground for broadcasters, newspapers and new market entrants like Netflix and other streaming service providers all competing for the same eyeballs. In the most recent shoulder bump, …

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