Archive | Federal Court Decisions

Trademark Lawyer-Federal Court-Chantelle-Similar Packaging

Homart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd [2017] FCA 403 (20 April 2017) This is an interesting case involving similar packaging. Careline was successful in its action to restrain Homart’s use of misleading or deceptive packaging for a cosmetic product even where quite different trade marks were involved. Background Careline has, since 2008, manufactured […]

Trademark Lawyer-Full Federal Court-Harbour Lights Appeal

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56 (7 April 2017) Accor successfully appealed the decision by the primary judge, Rangiah J reported here . It was able to rely on prior use to demonstrate a superior claim to ownership of the relevant trade marks which were subsequently registered. […]

Trademark Lawyer-Federal Court-Clipsal

Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60 (3 February 2017) Successful action by Clipsal Australia alleging trademark infringement, misleading or deceptive conduct and passing off by Clipso Electrical through its use of the trade mark CLIPSO. Clipsal Australia also alleged infringement of its trade mark registration for the […]

Trademark Lawyer-Federal Court- Barossa Signature

Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd [2016] FCA 1515 (14 December 2016) Samuel Smith was unsuccessful in establishing infringement of its trademark registration for THE SIGNATURE by Pernod Ricard. THE SIGNATURE trademark registration dated from 2 September 1999 and covered “wines, especially still table wines” in class 33. Samuel […]

Trademark Lawyer-Federal Court-Insight Radiology

Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd [2016] FCA 1406 (23 November 2016) This was a comprehensive victory for Insight Clinical. Insight Radiology was unsuccessful in its appeal from the Registrar’s decision refusing registration of its application for trademark registration of the IR composite mark shown below: The Registrar’s decision is reported here […]

Trademark Attorney-Federal Court-Privilege

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241 (19 October 2016) This was an interlocutory application involving a claim to privilege attaching to documents produced under subpoena prior to trial. Significantly, the privilege relied upon concerned s229 of the Trade Marks Act and this is the first occasion in which that provision has […]

Trademark Attorney-Federal Court- Little Greek Cuzina

3 Florinians Pty Ltd v PYT Enterprise Pty Ltd [2016] FCA 1077 (5 September 2016) Successful application for an interlocutory injunction by 3 Florinians restraining use of LITTLE GREEK CUZINA pending trial or earlier order. Florinians was the owner of a trademark registration for the composite mark shown below registered from 23 October 2009 for […]

Trademark Lawyer-Full Federal Court-Direct Chemist Outlet Appeal

Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104 (16 August 2016) Unsuccessful appeal by Verrocchi and Gance. The Full Federal Court upheld the primary judge’s decision reported here that Direct Chemist Outlet’s trade indicia and get up did not constitute misleading or deceptive conduct or passing off. Verrocchi and Gance had, since around 2000, […]

Trademark Lawyer-Federal Court-Ozemite

Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939 (12 August 2016) Successful appeal by Dick Smith overturning the Registrar’s decision reported here and finding that the OZEMITE trade mark had been used in good faith during the three year period ending on 1 May 2011. By way of background, the OZEMITE trade mark had been […]

Trademark Lawyer-Federal Court-Pacific Ale beer

Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty Ltd [2016] FCA 820 (21 July 2016) Unsuccessful action by Stone & Wood alleging trademark infringement, misleading or deceptive conduct and passing off. Stone & Wood operate breweries in the Byron Bay and Murwillumbah areas of New South Wales. Their first beer was […]