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Trademark Registration Sydney – ATMO Decisions – January 2021

PM-International AG v Jeunesse Global Holdings LLC [2021] ATMO 1 (5 January 2021) Successful opposition by PM-International to trademark registration of PM ESSENTIALS Logo shown below filed on 12 July 2018 for various dietary and nutritional products in class 5. The opponent prevailed under the s44 ground by relying on its prior registered mark shown […]

Trademark Registration Sydney – ATMO Decisions – December 2020

Litigation Manage Pty Ltd [2020] ATMO 184 (1 December 2020) The applicant successfully challenged revocation of acceptance of its application for trademark registration of reddebtor (stylised) filed on 29 April 2020 for various business information and debt collection services in classes 35 and 36. The attorneys for Red Energy Pty Ltd alerted the Registrar to […]

Trademark Lawyer Sydney – Full Federal Court Appeal – In-N-Out Burger v Down-N-Out

Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 (23 December 2020) Unsuccessful appeal by Hashtag Burgers (Hashtag) from the judgement of Katzmann J finding trademark infringement, passing off and misleading or deceptive conduct. Successful cross-appeal by In-N-Out Burgers (INO) against the primary judge’s finding that Kagan and Saliba were not also jointly […]

Trademark Lawyer Sydney – Federal Court – LIME 2

Taxiprop Pty Ltd v Neutron Holdings Inc (No 2) [2020] FCA 1822 (18 December 2020) In an earlier judgement in Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565 (29 October 2020) reported at https://www.selfmark.com.au/trademark-lawyer-sydney-federal-court-lime/ O’Callaghan J found that Neutron’s conduct, since 7 November 2018, in offering Lime branded electric bicycles and scooters for […]

Trademark Registration Sydney – ATMO Decisions – November 2020

Cork & Chroma Pty Ltd v Cocktails & Canvas Asset Corp Pty Ltd [2020] ATMO 171 (3 November 2020) Successful opposition by Cork & Chroma to trademark registration of CORK & CANVAS Logo shown below filed on 21 December 2017 for various services in class 41. The opponent prevailed under the s60 ground based on […]

Trademark Lawyer Sydney – High Court – Refurbished printer ink cartridges

Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (12 November 2020) This case concerned the modification of patented printer ink cartridges for re-sale in Australia. Spent EPSON branded single use ink cartridges with a memory chip (covered by the relevant patents) were modified and re-filled overseas by a Malaysian third party, Ninestar and […]

Trademark Lawyer Sydney – Federal Court – Copyright Infringement – tote bags

State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606 (6 November 2020) Unsuccessful action by State of Escape Accessories (SEA) alleging copyright infringement, misleading and deceptive conduct and passing off arising from the design, importation and sale by Ms Schwartz and her company, Chuchka Pty Ltd of 34 tote bags. Copyright SEA asserted […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Urban Ale v Urban Pale

Urban Alley Brewery Pty Ltd v La Sirene Pty Ltd [2020] FCAFC 186 (4 November 2020) Urban Alley was unsuccessful in its appeal from the judgement of O’Bryan J cancelling its URBAN ALE trademark registration and rejecting its claims for trade mark infringement arising from La Sirene’s use of URBAN PALE for beer. The judgment […]

Trademark Lawyer Sydney – Federal Court – LIME

Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565 (29 October 2020) Taxiprop was unsuccessful in its claims for infringement of its registered LIME mark and under the Australian Consumer Law (ACL) and passing off. Neutron was successful in its cross claim for removal of Taxiprop’s LIME registration on the ground of non-use for […]

Trademark Lawyer Sydney – Federal Court – BOTOX v PROTOX

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2020] FCA 1530 (14 October 2020) Allergan was unsuccessful in its claim for infringement of its registered BOTOX mark and largely unsuccessful in its claims under the Australian Consumer Law and passing off. Self Care was successful in its cross claim for removal of […]