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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 […]

Trademark Lawyer Sydney – Federal Court – Monster Strike

Monster Energy Company v Mixi Inc [2020] FCA 1398 (1 October 2020) Monster Energy Company (MEC) was unsuccessful in its appeal from the Registrar’s decision rejecting its opposition to trademark registration of MONSTER STRIKE filed on 23 June 2014 (with a priority date of 27 December 2013) for a broad range of goods in class […]

Trademark Registration Sydney – ATMO Decisions – September 2020

TRU Kids Inc v Bean bags R Us Pty Ltd [2020] ATMO 144 (1 September 2020) Unsuccessful opposition by TRU Kids to trademark registration of ‘beanbags r us’ (Stylised) as shown below filed on 3 May 2018 for bean bags in class 20. The opponent relied on grounds of opposition under ss 42(b), 44 and […]

Trademark Registration – IP Australia Fee Changes

IP Australia will be making some adjustments to its Fee Schedules effective 1 October 2020. From a trademark registration perspective, the more significant change is the increase in filing fee from $330 to $400 per class for a standard application which does not use goods/services from IP Australia’s approved pick list of items. The filing […]

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 […]