Category Archive for: ‘Trade marks’

5SOS, Hush Puppies, Cristal, CCs, Guru Denim and much much more – trade mark case law in Australia, New Zealand and the UK – 2015 highlights

Well, what a year it has been, with so much more in store for 2016. Here at IP Whiteboard we thought we would run a highlights reel of some key trade mark decisions reported on “arguably the world’s favourite IP blog” during 2015.

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Poor man’s CRISTAL, CRISTALINO, found to infringe – the distinct relevance of reputation in assessing the likelihood of confusion in the UK and Australia?

In a recent decision from Mrs Justice Rose, the famous champagne house Roederer has successfully sued J Garcia Carrion SA (JGC) for trade mark infringement. JGC’s use of CRISTALINO in respect of cava infringed Roederer’s registered mark CRISTAL. The outcome seems straightforward enough (though it is worth noting for completeness that the defendants were not represented at trial). The infringement …

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Could your Halloween costume land you in the middle of a legal nightmare?

The answer may scare you …

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Crocodile attacks in New Zealand – Lacoste death rolls Crocodile International again

New Zealand may have beaten France in the Rugby World Cup quarter finals, but one French sporting icon is winning a strategic branding war in New Zealand. For the third time in four years, the High Court of New Zealand has overturned the decision of the Assistant Commissioner of IPONZ and acknowledged the breadth of Lacoste’s trade mark rights in …

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Productivity Commission releases roadmap for IP review and calls for submissions

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry). In a previous post, we outlined the scope of the Inquiry and the key areas of the IP regime which the Federal Government had directed the Commission to examine and report on by August 2016. The Issues Paper sets out …

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Malt trade mark teasers – the lighter way to enjoy chocolate

The Federal Court of Australia has allowed Delfi Chocolate Manufacturing S.A.’s appeal of the opposition to its MALTITOS trade mark application by Mars Australia Pty Ltd. The MALTITOS trade mark was filed by Delfi Chocolate in Class 30 for ‘Confectionery; biscuits; chocolate; cocoa; products made from or including chocolate and/or cocoa’. Mars successfully opposed the application in December before the …

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Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat 4-finger shape mark (shown below). …

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Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over their trade marks all over …

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Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its trade mark portfolio? Is it …

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