Archive | Federal Court Decisions

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 – 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 Lawyer – Federal Court – Judicial Review

Honest Reveira v Registrar of Trade Marks [2018] FCA 1122 (7 August 2018) Unsuccessful application by Honest Reveira for judicial review of a decision by the Registrar’s delegate to allow applications for an extension to file oppositions to non-use removal applications. On 27 August 2017, Honest Reveira filed applications for removal of two trade mark […]

Trademark Lawyer – Federal Court – Caesarstone

Caesarstone Ltd v Ceramiche Caesar S.p.A. (No 2) [2018] FCA 1096 (31 July 2018) This involved an ongoing dispute between Caesarstone Ltd (previously Caesarstone Sdot-Yam Ltd) of Israel and Ceramiche Caesar SpA of Italy concerning three related matters. 1.       An appeal by the Israeli company from a Registrar’s decision upholding the Italian company’s opposition to […]

Trademark Lawyer – Federal Circuit Court – Austbar

Austbar Pty Ltd v ABA Australian Bar Association Ltd (No.2) [2018] FCCA 2091 (31 July 2018) In the Federal Circuit Court, the Australian Bar Association (ABA) was successful in its application for summary dismissal under s17A of Austbar’s appeal from a decision by the Registrar of Trade Marks rejecting its oppositions to trade mark registration […]