Coffee wars – High Court clarifies test for registrability of trade marks

In a landmark trade mark judgment delivered on 3 December 2014, the High Court in Cantarella Bros v Modena Trading [2014] HCA 48 has clarified a critical aspect of Australian trade mark law relating to the test for inherent adaptation to distinguish (inherent distinctiveness) under section 41.  The majority of the High Court found that read more...
Subjects: Trade marks

Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section read more...