Category Archive for: ‘Trade marks’
In a decision which provides a whole new meaning to the phrase “going to the ‘john’”, the John W. Carson Foundation (Foundation) has successfully opposed registration of Johnny Carson’s famous phrase “HERE’S JOHNNY” as a trade mark of portable toilets (proposed mark). This decision has come about more than 30 years after the same toilet manufacturer first attempted to register the proposed mark.
The High Court decision in Health World on the meaning of “person aggrieved” is now available online.
The High Court unanimously allowed the appeal. It found that Health World was a person aggrieved and remitted the matter to the Full Court of the Federal Court for determination of the remaining issues.
The recent decision by the US Second Circuit Court of Appeals in Tiffany (NJ) Inc v eBay Inc confirms that brand owners bear the ultimate responsibility to stop counterfeits. According to the Second Circuit Court of Appeals, a service provider like eBay becomes liable for contributing to infringement only when it continues to provide services to a specific individual whom it knows, or has reason to know, is selling counterfeit merchandise.
Last Friday, the Federal Court handed accommodation manager Mantra Group a landmark victory, ruling that an operator of websites used to source accommodation bookings had misused Mantra’s trade marks. Mallesons partner John Swinson takes a close look at the decision and the implications for trade mark owners here. Mallesons represented Mantra in the litigation.
(For those of you interested in following the various issues arising out of Google’s bid for the “NEXUS ONE” trade mark, be sure to read our previous blog on claims by the estate of science fiction writer Philip K Dick that the name has been taken from his novel Do Androids Dream of Electric Sheep?, later made into the movie Blade Runner.)
By now, most readers will have seen that the European Court of Justice (ECJ) has handed down its long awaited decision in relation to Adwords on 23 March 2010. However, why do we all care and what does it mean?
To help, set out below are some Q&As to ensure you are in the loop:
What is all this about?
Nature’s Blend left caution to the wind as it pursued confectionery giant Nestlé over the use of the words ‘luscious Lips’ appearing on the Allen’s ‘RETRO PARTY MIX’ lolly packet (Nestlé having acquired Allen’s in 1989). Nature’s Blend had registered the word mark ‘LUSCIOUS LIPS’ for a variety of goods including confectionery and took issue with the following paragraph appearing in small font on the back of the RETRO PARTY MIX packet:
The Heart Attack Grill in Arizona recently filed a complaint against Heart Stoppers Sports Grill in Florida for, among other things, trade mark infringement and unfair competition.
South African company Bodtrade 54 (Pty) Ltd has succeeded in its battle against UK giant Virgin Enterprises Limited in its fight to register the mark YOU CAN’T BE A VIRGIN ALL YOUR LIFE ITS TIME. This trade mark application for use in respect of telecommunications, cafes, restaurants and bars had been opposed by Sir Richard Branson’s company on the grounds that Virgin Enterprises is the proprietor of trade marks consisting of the word VIRGIN and the use of this mark will likely cause confusion and take “unfair advantage of, or be detrimental to”, the distinctive