Trademark News & Information

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 – 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 Circuit Court – Briner v Happy Herb – Copyright

Briner v The Happy Herb Company & Ors [2017] FCCA 1854 (11 September 2017) This is another case about a business using a copyright image on its website and involved similar issues to the Tylor v Sevin case reported here . Businesses do need to be aware of, and take responsibility for, copyright considerations when using […]

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 […]

Trademark Lawyer-Federal Court- Shape Shopfitters

Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865 (1 August 2017) Unsuccessful application by Shape Shopfitters (Applicant) to restrain use by Shape Australia (Respondent) of various trade marks containing the word SHAPE. The Applicant re-branded to Shape Shopfitters in mid 2012 and has used various trade marks containing or […]

Trademark Lawyer – Full Federal Court – Insight Radiology Appeal

Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83 (26 May 2017) The Full Federal Court (Greenwood, Jagot and Beach JJ) dismissed Pham Global’s appeal and, in the process, reinforced the importance of correctly identifying the correct applicant for trademark registration because a subsequent transfer of ownership cannot cure an incorrect […]

Trademark Lawyer – Federal Court – CITYINDEX Appeal

GAIN Capital UK Limited v Citigroup Inc (No 4) [2017] FCA 519 (16 May 2017) Successful appeal by Gain Capital against the Registrar’s decision refusing trademark registration of its CITYINDEX (Stylised) and IFX A City Index company Logo shown below filed on 9 November 2010 for financial services in class 36. The Registrar’s decision upholding […]

Trademark Lawyer – Federal Court – DISCOVER DOWNUNDER Appeal

Bauer Consumer Media Limited v Evergreen Television Pty Ltd [2017] FCA 507 (12 May 2017) Unsuccessful appeal by Bauer against the Registrar’s decision refusing their opposition to trademark registration of DISCOVER DOWNUNDER (Stylised) filed on 9 October 2009 for the production of television programs in Class 41. The Registrar’s earlier decision is reported here Bauer […]

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. […]