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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 […]