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...

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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Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell

American rapper, singer and songwriter Pitbull (Armando Christian Pérez) has successfully trade marked his tell-tale yell “EEEEEEEYOOOOOO!” that features heavily in most of his songs. It is one of the many famous Pitbull-isms, along with rhyming ‘Kodak’ with ‘Kodak’, or calling himself Mr. Worldwide and Mr. 305. The U.S. Patent and Trademark Office (USPTO) in read more...
Subjects: Media | Trade marks

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Trouble in paradise! The ‘Bula’ debate and the importance of cultural sensitivity in registering trade marks

The word ‘Bula’ translates to ‘life’. When used as a greeting by the people of Fiji, bula signifies wishes for longevity and good health.  ‘Bula’ is commonly heard in Fiji, and is usually coupled with the beaming smiles of friendly Fijian people.  However, there were less smiles in September last year when news spread that read more...
Subjects: Trade marks

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Domain name disputes: Will the President play his trump card again?

The Trump Organisation owns a lot of domain names – around 3,000, for everything from <TrumpOnTheRocks.com> to <TrumpRussia.com>.  Unfortunately for the President, this impressive portfolio doesn’t include <TrumpHotels.org>. Golf enthusiasts, honeymooners and high-powered executives wanting to stay at one of Trump’s 11 hotels will not find what they are looking for at <TrumpHotels.org>.  The website read more...

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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