A failure to function? It’s not unusual. Beer and bikini cases highlight the limitations of sub-brands in Australian trade mark cases

It seems apt in the current climatic context that a number of recent Australian trade mark decisions have centred on swimwear and craft beer. Is my brand even … a brand? One of the more difficult and nuanced issues in trade mark law is whether a particular sign is being used in a trade mark read more...
Subjects: Trade marks

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Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, read more...
Subjects: Trade marks

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Why all the secrecy? Tom Waterhouse defamation settlement reignites court access debate

Imagine you are an “A” type lawyer keen to know what’s going on.  Yes, that’s most of us at IP Whiteboard. It means we were frustrated some time ago when told by the NSW District Court that pleadings in the Tom Waterhouse v Fairfax Media defamation case were unavailable for review.  Our previous post here explains read more...