Way more than an everyday interest in IP
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The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*. The facts 3 Florinians Pty Ltd (Taverna) is a family business run by its directors, Ms Elli Parmaklis, Ms Domna Papavasiliou read more…
The Australian airline Qantas has had its opposition against the “t-shirt” mark below rejected by the Federal Court (Qantas Airways Limited v Edwards [2016] FCA 729). (Edwards’ Mark) The decision makes interesting reading in a number of respects, but this note only considers a discreet issue. Is use on a t-shirt trade mark use? If read more…
We have all read with interest case law relating to single colour marks. Three recent decisions have considered the registrability of colour marks of a slightly different variety, namely signs said to comprise a combination, depiction or arrangement of a number of colours. 7-Eleven – NZ Discount Drugstores – AU August Storck – EU These read more…
A Hearing Officer at IP Australia recently upheld McDonald’s opposition against the mark McKosher in respect of a broad range of goods and services in classes 29, 30, 32 and 43. McDonald’s demonstrated a reputation in Australia in various earlier Mc-formative trade marks such that there was a likelihood of contextual confusion. The McKosher mark read more…
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 read more…
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 read more…
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 read more…
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.
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 read more…