Burger Case Bounces In-N-Out of Court in Meaty Appeal

Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full read more...

A sign of the times – Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH

Wearables are all the rage nowadays, but some of us still sport watches with an analogue face.  Indeed, some sought-after classic timepieces from renowned brands are assets in an investment portfolio. Point Tec Point Tec Products Electronic GmbH  (Point Tec) is a German company that has been designing and developing watches for over 22 years.  read more...
Subjects: Trade marks

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Formula One and now the Australian Grand Prix Corporation look to cash in – the big Huey shoey bluey

Update: The Australian Grand Prix corporation assigned its Australian trade mark application to Formula One Licensing B.V. on 16 May 2018. You might have heard of the shadow boxing match between the Formula One’s licensing arm and The Mad Hueys – well, as of 2 May 2018, the Australian Grand Prix Corporation has decided to read more...
Subjects: Trade marks

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Another case considering t-shirt branding. Has Silberquelle been transplanted into Australian law?

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...

Kylie Minogue takes on Kylie Jenner – what happens when two celebrities have the same name?

We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has read more...
Subjects: Trade marks

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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 read more...

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 read more...

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 read more...

Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking read more...