Trademark News & Information

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 Registration – November 2016-ATMO Decisions

The Institute of Chartered Accountants in Australia v Association of International Certified Professional Accountants [2016] ATMO 94 (2 November 2016) Unsuccessful opposition by The Institute of Chartered Accountants (Institute) to trademark registration of CHARTERED GLOBAL MANAGEMENT ACCOUNTANT filed on 22 March 2011 for various association services relating to accountancy and financial reporting in class 35. […]

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 Registration-October 2016-ATMO Decisions

Treadwell Original Drifters LLC and Prism Music Group Ltd v WL Trout Promotions Pty Ltd [2016] ATMO 80 (5 October 2016) Treadwell and Prism were successful in defending their trademark registration for THE DRIFTERS against a non use removal application and in opposing an application for trademark registration of BILLY WISHINGTON’S DRIFTER’S filed by Trout. […]

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 Registration-September 2016-ATMO Decisions

Black Dog Institute v Black Dog Ride Pty Ltd [2016] ATMO 66 (1 September 2016) Unsuccessful opposition by Black Dog Institute (BDI) to trademark registration of BLACK DOG RIDE (Stylised) filed on 21 June 2012 for organising charitable fund raising events in class 41 and on 13 December 2012 for hats, clothing in class 25. […]

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 […]