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Trademark Registration Sydney – ATMO Decisions – August 2020

NCL Corporation Ltd v Norwegian Brand Ltd [2020] ATMO 131 (3 August 2020) This concerned oppositions by NCL to trade mark registration of two composite marks containing NORWEGIAN.COM filed on 20 January 2017 for a broad range of goods and services in classes 16, 35, 38, 39 and 43. NCL’s evidence in support was due […]

Trademark Lawyer Sydney – Federal Court – Wicked

PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2020] FCA 1078 (30 July 2020) PDP failed in their claims for trademark infringement, misleading or deceptive conduct under the Australian Consumer Law and passing off at Common Law. PDP also failed in their claim to cancel Grasshopper’s earlier trademark registration, but were partially successful in […]

Trademark Registration Sydney – ATMO Decisions – July 2020

Bacardi & Company Limited v Dickinson Distribution Group Pty Ltd [2020] ATMO 117 (1 July 2020) Unsuccessful opposition by Bacardi to trademark registration of Royal Bombay Premium Lager filed on 11 August 2017 for beer products in class 32. The opponent relied on grounds of opposition under ss 42(b), 44 and 60, but failed to […]

Trademark Lawyer Sydney – Full Federal Court – Caesarstone Appeal

Ceramiche Caesar S.p.A v Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) Successful appeals by Ceramiche Caesar SpA (Italian company) against registration of the CAESARSTONE word and Logo marks of Caesarstone Ltd (Israeli company). This resolved an ongoing dispute between the two businesses involving three related matters. The Full Federal Court (Nicholas, Burley and Thawley […]

Trademark Lawyer Sydney – Federal Court Appeal – Hungry Spirit

Hungry Spirit Pty Limited ATF The Hungry Spirt Trust v Fit n Fast Australia Pty Ltd [2020] FCA 883 (23 June 2020) Successful appeal by Hungry Spirit Successful appeal by Hungry Spirit. By decision dated 18 February 2020 reported here, a delegate of the Registrar considered Hungry Spirit was partly successful in its opposition to […]

Trademark Registration Sydney – ATMO Decisions – June 2020

G. & K. Fine Foods Pty Ltd v J DeLuca Fish Company, Inc. [2020] ATMO 97 (2 June 2020) Unsuccessful opposition by G & K Fine Foods to an application for removal of a trademark registration for ‘by Delucas’ in the name of Royal Foods Aust Pty Ltd alleging non-use during the 3 years period […]

Trademark Registration Sydney – ATMO Decisions – May 2020

Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH [2020] ATMO 72 (5 May 2020) Unsuccessful opposition by Longines to trademark registration of IRON ANNIE Logo shown below filed on 30 May 2017 for beauty care products, watches and apparel in classes 3, 14 and 25. The opponent relied on grounds of opposition […]

Trademark Lawyer Sydney – NSW Supreme Court Appeal – Voller

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 (1 June 2020) Unsuccessful appeal by the media organisations which, at first instance, were found to have relevantly published on their public Facebook pages potentially defamatory postings made by members of the public under the Defamation Act 2005 […]

Trademark Registration Sydney – ATMO Decisions – April 2020

Foxtel Management Pty Ltd v Beijing Qiyi Century Science & Technology Co Ltd [2020] ATMO 50 (1 April 2020) Successful opposition by Foxtel to trademark registration of the IQIYI Logo mark shown below filed on 15 June 2017 for various goods and services in classes 9, 35, 38, 41 and 42. The opponent prevailed under […]

Trademark Lawyer Sydney – Federal Court – Copyright – Love is in the air

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020) The Applicants owned various copyright rights in the musical and literary works in the song “Love is in the Air” (Love) originally composed by Vanda and Young in 1977 and published the same year by J Albert & Sons Pty Ltd (Alberts). […]