Overturned (in part) – Trident Seafoods Corporation v Trident Foods Pty Limited

This decision suggests a more flexible approach to the question of authorised use than that indicated by Lodestar, as well as to the exercise of the Registrar’s discretion to refuse removal despite non‑use. It also provides guidance as to the Court’s view on corporate entities who share the same directors acting with an agreed ‘unity of purpose’ despite being separate legal persons. read more...
Subjects: Trade marks

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Australian company ordered to pay $10 million for unacceptable advertising claims: TGA uses its power to penalise inappropriate online advertisement and sale of therapeutic goods

Justice Jagot found Peptide Clinics Pty Ltd (Peptide Clinics) (now in liquidation) had contravened several provisions of the Therapeutic Goods Act 1989 (Cth) (TG Act), including making claims that breached the Therapeutic Goods Advertising Code.  Justice Jagot has ordered Peptide Clinics to pay a pecuniary penalty to the Commonwealth of $10 million in respect of the contraventions. read more...