Author Archive for: ‘biladas’

Empire State (of mind) – noisy bars, brand shortening and obscured presentation – Mr Purvis QC speaks!

As you will know from previous posts (see here and here), when Appointed Persons speak, we listen! One of our favourites, it has to be said, is Mr Iain Purvis QC. He has a knack of getting straight to the point, with clear and memorable turns of phrase. Indeed one often finds oneself (if one is feeling particularly onesy) reading …

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Levi’s stitches up win in jeans pocket case

You pick up a pair of jeans in the store, and you inspect the back pockets. (Is there anyone that doesn’t select jeans based on what is on the back pockets?) What brand of jeans are you holding? The answer would be obvious to many. They’re LEVI’S jeans. You could tell whether the word mark LEVI’S was there or not. …

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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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Treatment of two and three-colour marks in Australia, New Zealand and the EU – some recent cases – Part 1 – the 7-Eleven stripes

We have all read with interest case law relating to single colour marks. Three recent decisions have considered the registrability of colour marks of a slightly different variety, namely signs said to comprise a combination, depiction or arrangement of a number of colours. 7-Eleven – NZ Discount Drugstores – AU August Storck – EU These cases can raise definitional issues …

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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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Low or no similarity between marks a matter of semantics – the UK RA case and a call to adopt an avenue of appeal to Appointed Persons under Australian trade marks practice?

It is no secret that decisions of Appointed Persons (AP) of the UKIPO occupy a special place in our hearts here at IP Whiteboard. Who or what are Appointed Persons? Following a first instance decision from a Hearing Officer of the UKIPO in a trade mark matter, there are two avenues of appeal: (a) the High Court and (b) the …

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Wrong side of the line – more absolute grounds rejections for stripe marks of K-Swiss Inc and Shoe Branding Europe BVBA

We’ve devoted a lot of time on IP Whiteboard to position marks, particularly in the fashion sector. Recently, a number of decisions have come down rejecting stripe marks, and it is worth briefly having a look at the arguments and the reasoning and contrasting them against some earlier decisions. The “skinny” is that there is a relatively consistent line (sorry) …

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EU trade mark reform – action to take now

There are some important upcoming changes to Community Trade Mark law and practice due to come into force on 23 March 2016. This is in addition to the change of the branding of the CTM itself: OHIM will change its name to the EU Trade Marks Office, and the CTM will become the EUTM. As ever, there will be benefits …

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