Archive | Federal Court Decisions

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 […]

Trademark Registration -Full Federal Court-Judicial Review

Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109 (16 July 2018) Unsuccessful appeal by Vokes. The Full Federal Court agreed with the primary judge that no relevant error had occurred to enliven correction of the Register under s81 of the Act. The Registrar’s decision was to correct the Register to enter Vokes […]

Trademark Lawyer – Federal Court – Dunlop aircraft tyres

Dunlop Aircraft Tyres Limited v The Goodyear Tire & Rubber Company [2018] FCA 1014 (11 July 2018) The Goodyear Tire & Rubber Company (Goodyear USA) owns various registrations for DUNLOP and Flying D Logo trade marks and alleged Dunlop Aircraft Tyres Limited (Dunlop UK) and its authorised Australian entities (collectively Dunlop) infringed these registrations and […]

Trademark Lawyer-Full Federal Court-Chantelle-Similar Packaging

Homart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd [2018] FCAFC 105 (5 July 2018) Unsuccessful appeal by Homart against the judgement of the primary judge, Burley J restraining Homart’s use of misleading or deceptive packaging for a cosmetic product even where quite different trade marks were involved. The decision of the primary judge is […]

Trademark Lawyer – Federal Court – Frucor Colour Green

Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993 (2 July 2018) Frucor was unsuccessful in its appeal against the Registrar’s decision which upheld Coca-Cola’s opposition to registration of its trade mark application for the colour green. Frucor’s trade mark application was filed on 15 June 2012 for the colour green in respect of […]

Trademark Lawyer – Full Federal Court – Moroccan Argan Oil Appeal

Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93 (22 June 2018) Partly successful appeal by Aldi. The Full Court also tried to clarify review by an appellate court in cases involving evaluative assessments which is typically relevant to intellectual property appeals. Allsop CJ noted that tests requiring the trial judge to be […]

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 […]