Category Archive for: ‘Trade marks’

How much dough are smells worth?: Hasbro files a scent mark in the US

Our sense of smell (or ‘olfactation’ as it is technically described) is said to be the sense most intimately linked to our memories. There are certain distinctive smells that, without fail, trigger in us nostalgia for the halcyon days of childhood – the bleach-like whiff of chlorine after a day at the local pool, the waxy odour of Crayola crayons …

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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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When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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Would you like rights with that? The real reason behind In-N-Out’s periodic pop-ups?

In-N-Out has again given bloggers and Instagrammers heart palpitations by opening a pop-up restaurant in Sydney for ONE DAY ONLY, leaving burger lovers from other parts of the country (including the author of this article) seething with jealousy — something that doesn’t often happen when non-Sydneysiders think of Sydney. By the way, if you’re reading this and interested in wrapping …

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Counter-productive? Australia’s Productivity Commission releases Final Report into Australia’s Intellectual Property Arrangements

Yesterday, Australia’s Productivity Commission released their Final Report into Australia’s Intellectual Property Arrangements. This report was sent to Government on 23 September 2016. The Government is carrying out additional public consultation in relation to the recommendations made in the Final Report, which differ in key respects from some of the Commission’s draft recommendations. You can make a submission here – …

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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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Oze, Oze, Oze: A Mitey Victory for Dick Smith Investments Pty Ltd

The Federal Court has ruled that Dick Smith’s Ozemite trade mark can remain on the Register, forcing patriotic-spread-loving Australians to choose between it and competitor, Aussie Mite. Although Ozemite was registered as a trademark before its homophonic counterpart and thereafter promoted vigorously by “National Living Treasure,” Mr Smith, Ozemite did not reach supermarket shelves for another eight years. In the …

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