Monthly Archive for: ‘September, 2016’

Hand over the ouzo and no one gets hurt – Little Greek Taverna enjoins use of Little Greek Cuzina, and a Cheeky restaurant case from the UK

The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*.          The facts 3 Florinians Pty Ltd (Taverna) is a family business run by its directors, Ms Elli Parmaklis, Ms Domna Papavasiliou and Mr Yianni Parmaklis. The …

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Another case considering t-shirt branding. Has Silberquelle been transplanted into Australian law?

The Australian airline Qantas has had its opposition against the “t-shirt” mark below rejected by the Federal Court (Qantas Airways Limited v Edwards [2016] FCA 729). (Edwards’ Mark) The decision makes interesting reading in a number of respects, but this note only considers a discreet issue. Is use on a t-shirt trade mark use? If so, in respect of what …

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Insecure title: Don’t forget to register your security interest when supplying content on retention of title terms

A recent judgment from the NSW Supreme Court involving the lease of gas turbines is actually a useful and important reminder to content producers seeking to retain copyright in content provided to customers until those works are paid for. On the face of it, the decision in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General …

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