Jack Wills, McDonald’s, Bunnings v Masters, Tesco, Cadbury, Coke v Pepsi and much, much more – 15 recent case “bites” and 5 tips on brand protection in the retail space for 2014 so far

2014 has been a topsy-turvy year so far in the retail and FMCG spaces in terms of trade mark decisions in Australia, New Zealand and the UK and EU. It is worth looking at a few recent decisions to help guide big and not-so-big names with their brand protection strategies. You win some … In read more...
Subjects: Trade marks

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What’s your flavour? Cadbury’s “Black Forest” chocolate unsuccessful in trade mark opposition to Whittaker’s “Berry Forest” mark

You might want to grab a cup of tea and a block of Cadbury’s “Black Forest” chocolate to settle in and read this blog post -or, if you prefer, a block of Whittaker’s “Berry Forest” chocolate. While Australians have had a choice between the two for several years now, New Zealanders will also be able read more...

Give me a break – Kit Kat reference setting the bar too high on factual distinctiveness for shape marks?

Before we hit the law-talking stuff, I’ll declare an interest: I’m a bit of a fan of the Kit Kat. I would recognize one without its packaging, and I am quite confident that I would recognize one if I was blindfolded. Oh, and the branding around the humble Kit Kat has resulted in some of read more...
Subjects: Trade marks

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