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Trademark Lawyer-Federal Court-Atomic Appeal

Notaras v Barcelona Pty Limited [2019] FCA 4 (10 January 2019) Unsuccessful appeal by Notaras from the Registrar’s decision refusing her opposition to trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and […]

Trademark Lawyer-Federal Court-Calico Appeal

Calico Global Pty Ltd v Calico LLC [2018] FCA 2096 (21 December 2018) Unsuccessful appeal by Calico Global from the Registrar’s decision to remove its trademark registration for CALICO for all the registered class 44 services on the ground of non-use during the 3 year period ending 15 April 2014. At the time of filing […]

Trademark Lawyer – Full Federal Court – AMG Appeal

Australian Meat Group Pty Ltd v JBS Australia Pty Limited [2018] FCAFC 207 (27 November 2018) Successful appeal by Australian Meat Group. The Full Court overturned the finding of trade mark infringement by the primary judge, Greenwood J reported here JBS is the owner of a registration for the AMH Logo trademark shown below dating from […]

Trademark Lawyer – Federal Court – Lumen trailer wiring harnesses

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807 (22 November 2018) Successful actions by Lumen including for copyright and trade mark infringement. Lumen supplied trailer wiring harnesses to Frontline for many years. Frontline then sought alternative suppliers and, without the knowledge of Lumen, provided these alternative suppliers (the other respondents to […]

Trademark Lawyer – Federal Court – Snake Man Advertisement

Hoser v Sportsbet Pty Ltd [2018] FCA 1557 (16 October 2018) Hoser failed to restrain Sportsbet from using the words ‘snakeman’ or ‘snake man’ in aural form in a television advertisement. As a preliminary matter, the court was asked to decide the following three questions: (1)    Whether the television commercial is a use by Sportsbet […]

Trademark Registration – Federal Court – Trident Appeals

Trident Seafoods Corporation v Trident Foods Pty Limited [2018] FCA 1490 (4 October 2018) This concerned two appeals by Trident Seafoods against the Registrar’s decisions in related non-use and opposition proceedings Trident Foods owns two Australian trademark registrations for TRIDENT covering various goods in class 29 including fish and fish products. The TRIDENT brand has […]

Trademark Registration – ATMO Decisions – September 2018

Macy’s Merchandising Group Inc v Sheertex Pty Ltd [2018] ATMO 135 (3 September 2018) Successful opposition by Macy’s to trademark registration of STYLE & CO filed on 11 April 2016 for various textile goods in class 24. The applicant objected to parts of the opponent’s written submissions which, in effect, attempted to introduce new evidence. […]

Trademark Registration – Federal Court – Evenpay Appeal

Red Energy Pty Limited v Registrar of Trade Marks [2018] FCA 1449 (21 September 2018) Successful appeal by Red Energy against the Registrar’s decision to refuse its divisional application for trademark registration of EVENPAY with a priority date of 9 May 2013 for a broad range of goods and services in classes 9, 16, 35 […]

Trademark Registration – ATMO Decisions – August 2018

Onkyo Kabushiki Kaisha doing business as Onkyo Corporation v Dynaudio Holdings A/S [2018] ATMO 120 (1 August 2018) Unsuccessful opposition by Dynaudio to trademark registration of a composite mark containing the words Dynamic Audio Amplification as shown below filed on 22 April 2016 for a broad range of goods in class 9. Both parties filed […]

Trademark Attorney – Amendments to Trade Marks Act – 25 August 2018

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (the “IP Laws Amendment Act 2018”) received assent on 24 August 2018. Certain provisions came into force on 25 August 2018 and the remaining provisions will take effect […]