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...

Confirmed Booking: Booking.com secures trade mark registration in the United States

On 30 June 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in United States Patent And Trademark Office, Et. Al, Petitioners v. Booking.Com B.V. This decision considers whether booking.com is protectable as a trade mark in the United States. The United States Patent and Trademark Office (USPTO), who had read more...
Subjects: Trade marks

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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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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

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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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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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A failure to function? It’s not unusual. Beer and bikini cases highlight the limitations of sub-brands in Australian trade mark cases

It seems apt in the current climatic context that a number of recent Australian trade mark decisions have centred on swimwear and craft beer. Is my brand even … a brand? One of the more difficult and nuanced issues in trade mark law is whether a particular sign is being used in a trade mark read more...
Subjects: Trade marks

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