Trademark News & Information

Trademark Lawyer – Federal Court – Snake Man Advertisement

Hoser v Sportsbet Pty Ltd [2018] FCA 1557 (16 October 2018) Hoser failed to restrain Sportsbet from using the words ‘snakeman’ or ‘snake man’ in aural form in a television advertisement. As a preliminary matter, the court was asked to decide the following three questions: (1)    Whether the television commercial is a use by Sportsbet […]

Trademark Registration – Federal Court – Trident Appeals

Trident Seafoods Corporation v Trident Foods Pty Limited [2018] FCA 1490 (4 October 2018) This concerned two appeals by Trident Seafoods against the Registrar’s decisions in related non-use and opposition proceedings Trident Foods owns two Australian trademark registrations for TRIDENT covering various goods in class 29 including fish and fish products. The TRIDENT brand has […]

Trademark Registration – ATMO Decisions – September 2018

Macy’s Merchandising Group Inc v Sheertex Pty Ltd [2018] ATMO 135 (3 September 2018) Successful opposition by Macy’s to trademark registration of STYLE & CO filed on 11 April 2016 for various textile goods in class 24. The applicant objected to parts of the opponent’s written submissions which, in effect, attempted to introduce new evidence. […]

Trademark Registration – Federal Court – Evenpay Appeal

Red Energy Pty Limited v Registrar of Trade Marks [2018] FCA 1449 (21 September 2018) Successful appeal by Red Energy against the Registrar’s decision to refuse its divisional application for trademark registration of EVENPAY with a priority date of 9 May 2013 for a broad range of goods and services in classes 9, 16, 35 […]

Trademark Registration – ATMO Decisions – August 2018

Onkyo Kabushiki Kaisha doing business as Onkyo Corporation v Dynaudio Holdings A/S [2018] ATMO 120 (1 August 2018) Unsuccessful opposition by Dynaudio to trademark registration of a composite mark containing the words Dynamic Audio Amplification as shown below filed on 22 April 2016 for a broad range of goods in class 9. Both parties filed […]

Trademark Attorney – Amendments to Trade Marks Act – 25 August 2018

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (the “IP Laws Amendment Act 2018”) received assent on 24 August 2018. Certain provisions came into force on 25 August 2018 and the remaining provisions will take effect […]

Trademark Lawyer – Federal Court – Judicial Review

Honest Reveira v Registrar of Trade Marks [2018] FCA 1122 (7 August 2018) Unsuccessful application by Honest Reveira for judicial review of a decision by the Registrar’s delegate to allow applications for an extension to file oppositions to non-use removal applications. On 27 August 2017, Honest Reveira filed applications for removal of two trade mark […]

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 Registration – ATMO Decisions – July 2018

Chris Di Lorenzo & Dora Di Lorenzo v Denversian Pty Ltd [2018] ATMO 105 (2 July 2018) Unsuccessful opposition by Di Lorenzo to trademark registration of BLACK SHEEP filed on 10 September 2015 for restaurant, café and bistro services in class 43. This trademark application was accepted with a s44(4) endorsement based on prior continuous […]

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 […]