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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 […]

Trademark Registration Sydney -ATMO Decisions – February 2021

Jamie Smith, Oliver Sim and Romy Croft v Coen Rodgers [2021] ATMO 9 (3 February 2021) Unsuccessful opposition by Smith, Sim and Croft to trademark registration of the logo mark shown below filed on 31 January 2018 for various eyewear in class 9 and apparel in class 25. The opponents relied on grounds of opposition […]

Trademark Lawyer Sydney – Federal Court – Fearless Girl

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137 (25 February 2021) State Street was unsuccessful in its efforts to restrain display of a replica Fearless Girl statue in Melbourne; although the parties were asked to address the issue as to whether a disclaimer is required to be […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Vagisil v Vagisan

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel [2021] FCAFC 8 (11 February 2021) Successful appeal by Combe from the judgement of Stewart J  finding VAGISAN was deceptively similar to VAGISIL and resulting in refusal of Wolff’s VAGISAN trade mark application. Background The VAGISAN trade mark application was filed on 27 […]

Trademark Registration Sydney – ATMO Decisions – January 2021

PM-International AG v Jeunesse Global Holdings LLC [2021] ATMO 1 (5 January 2021) Successful opposition by PM-International to trademark registration of PM ESSENTIALS Logo shown below filed on 12 July 2018 for various dietary and nutritional products in class 5. The opponent prevailed under the s44 ground by relying on its prior registered mark shown […]

Trademark Registration Sydney – ATMO Decisions – December 2020

Litigation Manage Pty Ltd [2020] ATMO 184 (1 December 2020) The applicant successfully challenged revocation of acceptance of its application for trademark registration of reddebtor (stylised) filed on 29 April 2020 for various business information and debt collection services in classes 35 and 36. The attorneys for Red Energy Pty Ltd alerted the Registrar to […]

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 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 […]