Category Archive for: ‘Trade marks’

Smells fishy: Trident Seafoods Corporation v Trident Foods Pty Limited

This recent Federal Court decision concerns two appeals by Trident Seafoods Corporation from decisions made by delegates of the Registrar of Trade Marks.

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IPO 2018: Insights from the USPTO, EPO and the bench (when digital natives meet digital immigrants)

The Intellectual Property Owners Association’s 46th Annual Meeting took place in Chicago on 23-25 September 2018.  Suzy Madar from the Sydney IP team reports on the conference highlights.

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Domain name disputes: Will the President play his trump card again?

The Trump Organisation owns a lot of domain names – around 3,000, for everything from <TrumpOnTheRocks.com> to <TrumpRussia.com>.  Unfortunately for the President, this impressive portfolio doesn’t include <TrumpHotels.org>. Golf enthusiasts, honeymooners and high-powered executives wanting to stay at one of Trump’s 11 hotels will not find what they are looking for at <TrumpHotels.org>.  The website features images of America’s immigrant …

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Formula One and now the Australian Grand Prix Corporation look to cash in – the big Huey shoey bluey

Update: The Australian Grand Prix corporation assigned its Australian trade mark application to Formula One Licensing B.V. on 16 May 2018. You might have heard of the shadow boxing match between the Formula One’s licensing arm and The Mad Hueys – well, as of 2 May 2018, the Australian Grand Prix Corporation has decided to enter the fray. Hold on …

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HOUSE HUNTERS – favourable treatment of TV show titles at the EUIPO Board of Appeal level

Ahhhh, I love the smell of a freshly printed EUIPO absolute grounds case in the morning! Often the most interesting decisions are those relatively rare beasts in which the initial examination objection is overturned by the Board. In a recent decision, the 4th Board of Appeal had to consider the registrability of HOUSE HUNTERS in respect of class 41 services: …

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Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, (see Stone & Wood Group …

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AMG meats its maker: Australian Meat Holdings protect a fair dinkum mark

The Federal Court has found that the Australian Meat Group (AMG) has infringed the trade mark of one of Australia’s largest meat producers. The Court also narrowly applied the substantial identity test, bucking the trend of some recent decisions which indicated that the Court may be widening the scope of the assessment. Long ago, the meat lobby figured out a …

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws against Redbubble Ltd (Redbubble), the …

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

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