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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Cheesy on the eyes – the string cheese characters of the trade mark decision of Bega Cheese Limited v Saputo Cheese USA Inc

From fifty shades of gruyere to cheddar ideas,  we in the IP team love cheese in all shapes and forms including… string cheese?  String cheese is created through a manufacturing process that aligns the proteins in the cheese, which makes it stringy.  We hear string cheese can even be sold in a can. String it on: read more...
Subjects: Trade marks

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No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you. The Applicant, Flexopack S.A. Plastics Industry, is a Greek company which sells and distributes thermoplastic food packaging films around the world under the trade mark 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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Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat read more...

Combination marks – the limits of Medion further defined by Arnold J in Jura Origin case

The European Court of Justice’s decision in Medion (Case C-120/04) is one that can provoke vitriol among even the calmest of practitioners. That case involved an infringement action taken against the use of the mark THOMSON LIFE by Thomson, in the face of Medion’s earlier registration for LIFE. The court ruled as follows: “ … read more...
Subjects: Trade marks

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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...