Bega succeeds in Full Court Appeal despite “Krafty” peanut butter packaging

On 15 April 2020, the Full Federal Court dismissed an appeal against O’Callaghan J’s decision in Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 593. Importantly, this decision confirms that unregistered trade marks cannot be assigned without a sale of the underlying business which holds the related goodwill. The appeal read more...
Subjects: Trade marks

Partner:

You can’t have your burger and eat it too: In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd

Whilst In-N-Out don’t operate any permanent restaurants in Australia – only pop-ups, as we lamented in our previous post – the Federal Court ruled last week that its registered trade marks had been infringed by local chain “Down-N-Out” (DNO) and that In-N-Out had a sufficient reputation in Australia such that DNO was found to be read more...
Subjects: Trade marks

Partner:

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...

Nappy Land is not happy land: no love on Valentine’s Day for National Australian Nappies

Valentine’s Day and nappies don’t usually appear in the same sentence. However, in a decision handed down by the Federal Court on 14 February 2014 (CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited [2014] FCA 79) the Federal Court has reminded trade mark owners that they cannot view their marks as read more...

Pucker up for some trade mark action –“Kiss”-ing just got a whole lot more legal

It was news enough when high profile radio duo Kyle Sandilands and Jackie Henderson (known on air as “Jackie O”) moved to the Australian Radio Network’s (‘ARN’) Sydney Mix station late last year, with their new show commencing in January. Sydney Mix then decided to re-launch the station under the ‘Kiis’ FM brand (a station read more...
Subjects: Trade marks

The Impact of Lookalikes: The UK Intellectual Property Office Weighs In

We all have eating and drinking in common.  Yet our preferences distinguish us. Some of us will only have Maggi 2 Minute Noodles. Others want the noodles, but are delighted if it is a competitively priced home brand product. Some of us love nibbling the wavy layers only of a Smith’s Crisp.  Others are happy read more...

Look-Alike Get Up – Can IP Whiteboard develop an objective method to test that most subjective of assessments?

At IP Whiteboard we’ve developed a scoring system to help assess look-alike packaging for legal risk...whichever side you’re on. In this blog post we’ll explain the scoring system, and give you some examples to self-assess (using Aldi as our 'base case'). read more...