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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 Lawyer Sydney – Federal Court – La Famiglia

Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808 (17 December 2020) Successful infringement action by Goodman Fielder. Unsuccessful cross claim by Conga Foods for rectification based on distinctiveness, but partially successful applications for removal on the ground of non-use. Background In December 2005, Goodman Fielder acquired the business of La Famiglia […]

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 […]

Trademark Registration Sydney – ATMO Decisions – October 2020

McPherson’s Consumer Products Pty Limited v Perfectscents Hand Made Soaps Pty Ltd [2020] ATMO 160 (6 October 2020) Successful opposition by McPherson’s to trademark registration of SPIRITUAL ALCHEMY filed on 14 November 2017 for various beauty and personal care products in class 3. The opponent prevailed under the s44 ground by relying on its prior […]