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Trademark Lawyer Sydney – Federal Court – Caltex v Ampol

Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617 (8 June 2021) Chevron was partly successful in a dispute arising from the transitioning of Caltex branded service stations to Ampol branded service stations. O’Callaghan J found certain aspects of Ampol’s conduct breached the Trade Mark Licence Agreement (TMLA) and constituted trade […]

Trademark Registration Sydney – ATMO Decisions – May 2021

R & R C Bond (Wholesale) Ltd [2021] ATMO 36 (10 May 2021) The applicant was successful; in overcoming a distinctiveness objection raised during examination of its application for trademark registration of CHURCHILL filed on 20 March 2019 for various vehicle parts in class 12. The Examiner’s objection was based on CHURCHILL being the name […]

Trademark Lawyer Sydney – Full Federal Court – RestQ Appeal

Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCAFC 80 (4 May 2021) Unsuccessful appeal by Martin & Pleasance and other related companies from the judgement of Flick J granting an injunction restraining them from marketing, promoting and/or supplying their “RestQ” range of complementary medicines.  Background A Nelson & Co Ltd […]

Trademark Registration Sydney – ATMO Decisions – April 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021) Unsuccessful opposition by Bianca-Moden to trademark registration of BIANCA AND BRIDGETT filed on 5 September 2018 for various apparel in class 25. The opponent relied solely on the s44 ground of opposition but failed to establish that ground. […]

Trademark Lawyer Sydney – Federal Court – Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328 (9 April 2021) Swancom was unsuccessful in its allegations that The Jazz Corner Hotel Pty Ltd (JCH) and other respondents infringed its trademark registrations for CORNER HOTEL, CORNER, CORNER PRESENTS and THE CORNER by using various marks containing JAZZ CORNER […]

Trademark Registration Sydney – ATMO Decisions – March 2021

REA Group Ltd v Real estate Store Pty Ltd [2021] ATMO 18 (4 March 2021) Successful opposition by REA Group to trademark registration of the composite mark shown below filed on 30 November 2017 for various goods and services in classes 9, 35, 36, 37, 38, 41 and 42. The opponent prevailed under the s60 […]

Trademark Lawyer Sydney – Changes to AU Domain Names

New rules for the .au ccTLD come into effect on 12 April 2021.These include changes to licensing rules with eligibility criteria requiring an Australian presence. All relevant .au domain names registered or renewed on or after this date will be subject to the new licensing rules. The changes will not apply to the proposed .au […]

Trademark Lawyer Sydney – Federal Court – Design Appeal

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (12 March 2021) Successful appeal by Key Logic from a decision of the Registrar of Designs revoking its design for a solar bollard. On 16 February 2015 Sun-Wizard filing a request under s63 for the Registrar to examine the registered design and, by […]

Trademark Lawyer Sydney – Full Federal Court – Community Bank Appeal

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited [2021] FCAFC 31 (11 March 2021) Unsuccessful appeal by Bendigo and Adelaide Bank (BAB) from the judgement of Markovic J ordering cancellation of registrations for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services in […]

Trademark Lawyer Sydney – Federal Circuit Court – Love where you live

Metricon Homes Pty Ltd v Zac Homes Pty Ltd [2021] FCCA 394 (10 March 2021) Unsuccessful infringement action by Metricon. Metricon alleged Zac Homes infringed its trademark registration for ‘Love where you live’ by using (1) ‘You love where you live’ as part of a sentence in a radio advertisement and (2) ‘Love where you […]