Category Archive for: ‘Trade marks’

Aristocrat v Global Gaming – it’s all fun and games until someone infringes a trade mark

The Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC marks the end* of a long-running dispute between the Aristocrat Technologies group and Global Gaming Supplies, Impact Gaming and Tonia Enterprises. *hopefully The Aristocrat group and its trade marks The Aristocrat group supplies gaming technologies and services to the international gaming industry. …

Read More
Partner:

No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you. The Applicant, Flexopack S.A. Plastics Industry, is a Greek company which sells and distributes thermoplastic food packaging films around the world under the trade mark “Flexopack”. The Applicant has various …

Read More
Partner:

Kylie Minogue takes on Kylie Jenner – what happens when two celebrities have the same name?

We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has now filed an opposition against …

Read More
Subjects:
Partner:

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 …

Read More
Subjects:
Partner:

Too popular for its own good? McDonalds and the famous prefix “MAC”

In the recent decision of McD Asia Pacific LLC v Sheikhtaba Pty Ltd [2015] ATMO 112, McDonald’s found its famed “MAC” prefix was too popular for its own good, the Delegate of the Registrar of Trade Marks rejecting its opposition to registration of the logo mark MAK FOODS on grounds of deceptive similarity and established reputation.    (Image from Australian …

Read More
Subjects:
Partner:

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) …

Read More
Subjects:
Partner:

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 …

Read More
Subjects:
Partner:

Million Dollar Moggy: Grumpy Cat’s coffee copyright grind

What is your cat worth to you? If you answered “at least a few hundred thousand dollars in damages and the rights to a lucrative domain name”, you may be Tabatha Bundesen, owner of feline internet sensation Grumpy Cat. With this much potential money in the kitty, it was only a matter of time before Grumpy Cat got into a …

Read More
Subjects: |
Partner:

MUSASHI v A-SASHI – healthy competition?

The appeal from the Federal Circuit Court of Australia in Christian v Société Des Produits Nestlé SA (No 2) [2015] FCAFC 153 concerning infringement of Nestlé’s MUSASHI marks raises interesting questions regarding the nature and scope of relief for trade mark infringement.

Read More
Subjects:
Partner:

Page 3 of 33«12345»102030...Last »