Archive | Federal Court Decisions

Trademark Lawyer Sydney – Federal Court – Copyright – Love is in the air

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020) The Applicants owned various copyright rights in the musical and literary works in the song “Love is in the Air” (Love) originally composed by Vanda and Young in 1977 and published the same year by J Albert & Sons Pty Ltd (Alberts). […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Kraft v Bega

Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 (14 April 2020) Unsuccessful appeal by Kraft against a decision by the trial judge, O’Callaghan J reported here Bega’s cross-appeal was also dismissed. The case primarily involved a dispute as to ownership of a trade mark comprising the trade dress or get-up of peanut […]

Trademark Lawyer Sydney – Federal Court – The Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2020] FCA 396 (26 March 2020) This involved rulings on the admissibility of certain evidence in a dispute where Swancom is alleging the respondents infringed its registrations for various trademarks containing or consisting of the word CORNER covering live music performances in class 41. The […]

Trademark Lawyer Sydney – Federal Court – The Golden Girls Puppet Parody

JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 (5 March 2020) This involved unsuccessful actions for defamation and misleading and deceptive conduct arising from a Facebook post which provided a link to a newspaper article. There were also some copyright claims as well as a claim for wrongly retained goods which […]

Trademark Lawyer Sydney – Federal Court – In-N-Out Burger v Down-N-Out

In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193 (26 February 2020) Successful actions for trademark infringement, passing off and misleading or deceptive conduct by In-N-Out Burgers (INO). INO has, since at least 1967, owned and operated a growing chain of burger restaurants in the USA under the name In-N-Out and has various […]

Trademark Lawyer Sydney – Federal Court – Urban Ale v Urban Pale

Urban Alley Brewery Pty Ltd v La Sirene Pty Ltd [2020] FCA 82 (7 February 2020) Urban Alley was unsuccessful in its allegations against La Sirene and also had the misfortune of having its trade mark registration cancelled. Urban Alley alleged La Sirene infringed its trademark registration for Urban Ale covering beer in class 32 […]

Trademark Lawyer Sydney – Federal Court – Vagisil v Vagisan

Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd [2020] FCA 39 (3 February 2020) Successful appeal by Wolff against a decision by the Registrar of Trade Marks refusing trademark registration of VAGISAN. The VAGISAN trade mark application was filed on 27 May 2015 for various personal care products in classes 3 […]

Trademark Lawyer Sydney – Full Federal Court – Copyright Infringement – Kaden Boriss

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228 (13 December 2019) Unsuccessful appeal by Chhabra and Ramrakha against a judgement of the primary judge, Yates J rejecting their claim for copyright infringement. The appellants were partners in a Sydney law firm. In 2010, Chhabra was involved in the creation of […]

Trademark Lawyer Sydney-Federal Court-Pizzeys-Preliminary discovery

Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett [2019] FCA 2084 (13 December 2019) Pizzeys were successful in obtaining an order for preliminary discovery. The substantive proceedings involved an action by Pizzeys alleging breaches of confidentiality as well as post-employment non-competition, non-solicitation and non-dealing provisions. Pizzeys is a specialist intellectual property firm which […]

Trademark Lawyer Sydney-Federal Court-Copyright in real estate photographs and floorplans

Hardingham v RP Data Pty Limited [2019] FCA 2075 (9 December 2019) Unsuccessful copyright infringement claim by Hardingham. The applicant initially made certain demands in April 2014, but did not commence proceedings until July 2018. The applicant was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had been […]