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...

No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited

Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with. The iconic moment was seared into pop culture history as Mr Big bent down on one knee and placed the cobalt blue shoe on Carrie’s foot like a life-transforming glass slipper – read more...

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

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws read more...
Subjects: Copyright | Trade marks

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding read more...
Subjects: Trade marks

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Hand over the ouzo and no one gets hurt – Little Greek Taverna enjoins use of Little Greek Cuzina, and a Cheeky restaurant case from the UK

The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*.          The facts 3 Florinians Pty Ltd (Taverna) is a family business run by its directors, Ms Elli Parmaklis, Ms Domna Papavasiliou read more...

STG v Trojan: protecting trade mark rights in the context of parallel importation

In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of read more...

Poor man’s CRISTAL, CRISTALINO, found to infringe – the distinct relevance of reputation in assessing the likelihood of confusion in the UK and Australia?

In a recent decision from Mrs Justice Rose, the famous champagne house Roederer has successfully sued J Garcia Carrion SA (JGC) for trade mark infringement. JGC’s use of CRISTALINO in respect of cava infringed Roederer’s registered mark CRISTAL. The outcome seems straightforward enough (though it is worth noting for completeness that the defendants were not read more...
Subjects: Trade marks

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Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over read more...