Trademark News & Information

Trademark Lawyers Australia – Federal Court – Cantarella

Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8 (13 February 2013) Cantarella Bros Pty Limited v Modena Trading Pty Limited (No 2) [2013] FCA 130 (25 February 2013) Modena’s use of ORO and CINQUE STELLE for coffee infringed Cantarella’s trade mark registrations for these words. These were valid registrations despite being […]

Trademark Lawyers Australia – Federal Court – PopCorners

Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135 (25 February 2013) Unsuccessful application for interlocutory injunction to restrain use of the trade mark POPCORNERS for corn based snack food products based on prior trade mark registration for POPPED CORNERS. The applicants established a prima facie case for infringement, but the respondents had […]

Trademark Registration Australia – ATMO Decisions – January 2013

Scotch Whisky Association v Jin Ho Lee and Myong Gil Lee [2013] ATMO 1 (9 January 2013) Successful opposition to registration of a trade mark for a label containing the word McDowell’s for whisky in class 33 based on lack of intention to use. The evidence disclosed a pattern of the Applicants applying to register […]

Trademark Lawyers Australia – Federal Court – Sunny Roo

SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 5) [2012] FCA 1483 (21 December 2012) Respondents’ use of SUNNY ROO, SUNNY ROO PRODUCTS and two logos containing SUNNY ROO FROM BYRON BAY and SUNNY ROO AUSTRALIA for solar inverters and closely related installation services infringed the applicant’s trade mark registration for SUNNY […]