Category Archive for: ‘Trade marks’

Bavaria, beer, and bad grammar: how to avoid s 61 of the Trade Marks Act

In a recent Federal Court case, the Brewery Association of Bavaria (BBA) claimed that the German state of Bavaria was so synonymous with beer that the word “BAVARIA” on a beer label would amount to a geographical indicator (GI), contrary to s 61 of the Trade Marks Act (the Act).  Section 61 prevents the registration of a mark which contains an indicator that the product came from a particular region and has a quality or reputation attributable to that region.

The mark opposed by BBA was a beer label containing the words:

BAVARIA
HOLLAND
BEER

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The UK eBay decision – raises more questions than it answers?

L’Oreal made three key claims against eBay in the proceedings:

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Bad faith trade mark application refused

For the first time in Australia, the registration of a trade mark has been refused on the ground that the application was made in bad faith.  The decision of the Australian Trade Marks Office in Hard Coffee Pty Limited v Hard Coffee Main Beach Pty Limited [2009] ATMO 26 is the first successful opposition pursuant to s 62A of the Trade Marks Act, which applies to all trade marks accepted on or after 23 October 2006, and read

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A cautionary tale (and tips) for inventors

Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea.  But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.

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eBay victorious in French battle over counterfeit L’Oreal products

Cosmetics giant L’Oreal launched a trade mark infringement action in France against the online auction house in September 2007, alleging that eBay was not doing enough to combat transactions involving fake L’Oreal perfumes.  Judge Elisabeth Belfort last week ruled in eBay’s favour, finding that eBay had fulfilled its obligation towards other market operators (including L’Oreal) in good faith, by developing eBay’s current anti-counterfeiting measures.  Despite this, Judge Belfort ordered both companies to mediation in order to jointly develop a plan for improvi

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Coles supermarket ticks off the Heart Foundation

 

According to the Sydney Morning Herald (http://www.smh.com.au/news/national/exposed-home-brand-deception/2009/01/16/1231608986605.html), Coles is set to overhaul its home brands partly due to concerns that the Coles Tick is too similar to the Australian Heart Foundation Tick.

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