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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In Good Shape – the Federal Court’s reminder to fit-out and shape your trade mark protection

In the recent case of Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865, the Federal Court of Australia considered whether certain marks that included the word “SHAPE” were deceptively similar: Applicant’s registered mark   Respondent’s marks Although a large proportion of the decision focused on whether there had been read more...
Subjects: Trade marks

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Empire State (of mind) – noisy bars, brand shortening and obscured presentation – Mr Purvis QC speaks!

As you will know from previous posts (see here and here), when Appointed Persons speak, we listen! One of our favourites, it has to be said, is Mr Iain Purvis QC. He has a knack of getting straight to the point, with clear and memorable turns of phrase. Indeed one often finds oneself (if one read more...
Subjects: Trade marks

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Another case considering t-shirt branding. Has Silberquelle been transplanted into Australian law?

The Australian airline Qantas has had its opposition against the “t-shirt” mark below rejected by the Federal Court (Qantas Airways Limited v Edwards [2016] FCA 729). (Edwards’ Mark) The decision makes interesting reading in a number of respects, but this note only considers a discreet issue. Is use on a t-shirt trade mark use? If read more...

An “all or nothing” approach to trade mark opposition proceedings in Australia?

A Hearing Officer at IP Australia recently upheld McDonald’s opposition against the mark McKosher in respect of a broad range of goods and services in classes 29, 30, 32 and 43. McDonald’s demonstrated a reputation in Australia in various earlier Mc-formative trade marks such that there was a likelihood of contextual confusion. The McKosher mark read more...
Subjects: Trade marks

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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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Crocodile attacks in New Zealand – Lacoste death rolls Crocodile International again

New Zealand may have beaten France in the Rugby World Cup quarter finals, but one French sporting icon is winning a strategic branding war in New Zealand. For the third time in four years, the High Court of New Zealand has overturned the decision of the Assistant Commissioner of IPONZ and acknowledged the breadth of read more...

Malt trade mark teasers – the lighter way to enjoy chocolate

The Federal Court of Australia has allowed Delfi Chocolate Manufacturing S.A.’s appeal of the opposition to its MALTITOS trade mark application by Mars Australia Pty Ltd. The MALTITOS trade mark was filed by Delfi Chocolate in Class 30 for ‘Confectionery; biscuits; chocolate; cocoa; products made from or including chocolate and/or cocoa’. Mars successfully opposed the read more...