Archive | Federal Court Decisions

Trademark Lawyer – Federal Court – OPTUM

Singtel Optus Pty Limited v Optum Inc [2018] FCA 575 (1 May 2018) Unsuccessful appeal by Singtel against a Trade Marks Office decision rejecting its oppositions to applications for trademark registration of the OPTUM word mark (filed on 21 July 2011) and the OPTUM logo mark (filed on 29 July 2011) shown below for various […]

Trademark Lawyer-Full Federal Court-Pacific Ale Appeal

Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty Ltd [2018] FCAFC 29 (9 March 2018) Unsuccessful appeal by Stone & Wood. The Full Court upheld the primary judge’s finding of no misleading or deceptive conduct and passing off. The primary judgement is reported here . Stone & Wood operate breweries in the […]

Trademark Lawyer – Federal Court – Bohemia Crystal

Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235 (6 March 2018) This was a comprehensive loss for the applicant, Bohemia Crystal. Not only did it fail to establish any cause of action against Host but, in the process of attempting to do so, its trade mark registrations were invalidated. This case […]

Trademark Lawyer-Full Federal Court- Anchorage Appeal

Anchorage Capital Partners Pty Limited v ACPA Pty Ltd [2018] FCAFC 6 (2 February 2018) This was a largely unsuccessful appeal by Anchorage Capital Partners Pty Limited (appellant); although it was partly successful on the issue of costs. There was also a successful cross-appeal by ACPA and its US parent company (respondents). The decision of […]

Trademark Lawyer – Federal Court – Mcqueen Appeal

Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd [2017] FCA 1578 (8 December 2017) This case concerned an appeal by Autumnpaper against a Registrar’s decision refusing registration of its application for trademark registration of the word mark Mcqueen on the ground of non-distinctiveness under s41 following an opposition by Metropolitan. Metropolitan took no part in […]

Trademark Registration – Federal Court – Judicial Review

Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447 (6 December 2017) Laminar sought judicial review of a decision by the Registrar to correct an error in entering particulars of a trademark registration. The Registrar’s decision was to correct the Register to enter Vokes Limited as the owner of certain trademark […]

Trademark Lawyer – Federal Court – AMH meat products

JBS Australia Pty Ltd v Australian Meat Group Pty Ltd [2017] FCA 1421 (30 November 2017) Successful trademark infringement action by JBS. To confine the issues, JBS did not pursue claims for misleading or deceptive conduct under the Australian Consumer Law or passing off under Common Law. JBS is the owner of a registration for […]

Trademark Lawyer – Federal Court – Refurbished printer ink cartridges

Seiko Epson Corporation v Calidad Pty Ltd [2017] FCA 1403 (29 November 2017) This case concerned the modification of patented printer ink cartridges for re-sale in Australia. Calidad obtained spent EPSON branded ink cartridges which were modified and re-filled overseas and then imported and re-sold in Australia. It is a lengthy judgement and this summary […]

Trademark Lawyer – Full Federal Court – Primary Health Care Appeal

Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174 (9 November 2017) Unsuccessful appeal by Primary Health Care (applicant) against refusal of its applications, filed on 6 October 2009, for trademark registration of the words PRIMARY HEALTH CARE and the Logo version shown below for various class 35 Services: The Delegate refused registration […]

Trademark Lawyer-Federal Court- Moroccan Argan Oil

Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 (31 August 2017) Moroccanoil Israel Ltd (Israel) was partly successful in restraining the sale by Aldi of various hair care products, brushes and appliances containing or infused with argan oil. Israel was also successful in overturning the Registrar’s decision refusing registration of its MOROCCANOIL […]