Archive by Author

Trademark Registration Australia – ATMO Decisions – July 2013

Next Retail Limited [2013] ATMO 51 (2 July 2013) Successful application by Next Retail for an extension to file evidence in support of its opposition to registration of the trade mark Next Director for educational materials in class 16 and education related services in class 41. The Notice of Opposition was filed on 31 May […]

Trademark Attorney Australia – IP Australia Report 2013

IP Australia Report 2013 The Australian Intellectual Property Report published by IP Australia here  reveals some interesting statistics.  While world trade in intellectual property (IP) is rising, there has been no real growth in Australia with IP related transactions remaining steady over the past decade. It appears that Australian investment in innovation is below that […]

Trademark Registration Australia – ATMO Decisions – June 2013

Malina Schindler and Adrian Schindler v Intellectual Property Development Corporation Pty Ltd [2013] ATMO 36 (6 June 2013) Successful opposition by the Schindlers to registration of the trade mark ZIG ZAG for beer in class 32. The evidence disclosed the Zig Zag Brewery had originally been built in 1884 and operated under that name until […]

Trademark Lawyers Australia – Full Federal Court – Winnebago

Knott Investments Pty Ltd v Winnebago Industries, Inc [2013] FCAFC 59 (7 June 2013) Partly successful appeal by Knott going to the relief granted to Winnebago. By way of background, Winnebago carried on business in the USA and other countries (but not Australia), manufacturing and selling recreational vehicles. From either 1978 or 1982, Knott began […]

Trademark Lawyers Australia – Federal Court – realestate.com.au

REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559 (7 June 2013) Use by Real Estate 1 Ltd of various versions of trade marks containing realestate1.com.au and realcommercial1.com.au for real estate listing and advertising services infringed registrations for logo versions of REA Group’s realestate.com.au and real commercial.com.au trade marks as shown below. Bromberg […]

Trademark Registration Australia – ATMO Decisions – May 2013

Specsavers Pty Ltd v Luxottica Group S.p.A. [2013] ATMO 24 (2 May 2013) Unsuccessful opposition by Specsavers to registration of the following trade mark for optical goods and related retailing services: The Opponent argued that devices of circles and hearts are commonly used. Heart devices are symbolic of love as, for example, exemplified by prevalent […]

Trademark Lawyers Australia – Federal Court – DC Comics

DC Comics v Cheqout Pty Ltd [2013] FCA 478 (22 May 2013) The Registrar’s decision was overturned on appeal. DC Comics was ultimately successful in its opposition to registration of the trade mark “superman workout” for various exercise and fitness related services. The judge considered the term “superman” was descriptive and consequently it was unlikely […]

Trademark Registration Australia – ATMO Decisions – April 2013

Trend Windows & Doors Pty Ltd v Saint-Gobain Glass France [2013] ATMO 21 (3 April 2013) Trend (represented by Gerard Skelly) successfully defended its registrations for the Quantum word and logo trade marks in respect of non-metallic windows and doors against a challenge on the ground of non-use by Saint-Gobain Glass. The Registrar’s Delegate was […]

Trademark Registration Australia – ATMO Decisions – March 2013

Toddler Kindy Gymbaroo Pty Ltd v Gym-Mark, Inc [2013] ATMO 15 (1 March 2013) Successful application by Gym-Mark for partial removal of the GYMBAROO trade mark registration on the ground of non-use. This case turned on its particular facts, but the Registrar’s Delegate did express the opinion there is no principle of general application in […]

Trademark Lawyer Australia- Parallel Imports – Grey Goods

Parallel importers proceed at their own risk Paul’s Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51 (11 April 2012) Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130 (11 September 2012) These two full Federal Court cases highlight the problems faced by businesses seeking to import and sell genuine products […]