Archive | Federal Court Decisions

Trademark Lawyer Sydney – Full Federal Court Appeal – PROTOX

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163 (7 September 2021) Successful appeal by Allergan against a judgement by the primary judge, Stewart J rejecting its claim for trade mark infringement and many of its claims under the Australian Consumer Law. Background Allergan’s Botox product relaxes the muscles at […]

Trademark Lawyer Sydney – Federal Court Appeal – procat

Caterpillar Inc v Puma SE [2021] FCA 1014 (27 August 2021) Caterpillar was successful in its appeal from a decision of the Registrar dismissing its opposition to trademark registration of ‘procat’ filed on 21 October 2016 for goods in classes 18 and 25. Registrar The opponent relied on grounds under ss42(b), 44 and 60 but […]

Trademark Lawyer Sydney – Federal Court – Injunction – Finish dishwashing products

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 (3 September 2021) Reckitt Benckiser was successful in obtaining an interim injunction restraining Henkel from offering for sale or selling dishwashing products by reference to the following sign: Henkel contended this was merely a depiction of its SOMAT capsules and not […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Copyright in real estate photographs and floor plans

Hardingham v RP Data Pty Limited [2021] FCAFC 148 (18 August 2021) Successful appeal on the issue of copyright infringement. Background Hardingham initially made certain demands in April 2014, but did not commence proceedings until July 2018. Hardingham was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Wicked

PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2021] FCAFC 128 (29 July 2021) PDP was largely unsuccessful in its appeal from a judgment of the primary judge. Their claims for trademark infringement, misleading or deceptive conduct under the Australian Consumer Law and passing off at Common Law were rejected. PDP also failed to […]

Trademark Lawyer Sydney – Federal Court – AGL v Greenpeace

AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625 (8 June 2021) AGL was unsuccessful in its claim against Greenpeace for trade mark infringement, but prevailed, to a relatively minor extent, in its claim for copyright infringement. Background AGL owns a trade mark registration dating from 8 May 2017 for the composite AGL […]

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 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 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 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 […]