Archive | Federal Court Decisions

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 […]

Trademark Lawyer Sydney – Federal Court – DELPHINE

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) Unsuccessful application for infringement by Pinnacle and unsuccessful cross-claim for cancellation by Triangl. This matter is concisely summarised by Murphy J in the opening paragraph of his Honour’s judgment, namely “these are ill–advised proceedings in respect of alleged trade mark infringement and […]

Trademark Lawyer Sydney – Federal Court – Community Bank

Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553 (20 September 2019) Successful rectification application by Community First Credit Union (CFCU) for cancellation of registrations by Bendigo and Adelaide Bank (BAB) for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services […]

Trademark Lawyer Sydney – Federal Court – NRMA

National Roads and Motorists’ Association Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1491 (11 September 2019) The NRMA was unsuccessful in its actions alleging trade mark infringement, misleading or deceptive conduct and injurious falsehood against the Maritime Union of Australia (MUA) branch of the CFMMEU. This arose as part of an […]

Trademark Lawyer Sydney-Federal Court-Hungry Spirit

Hungry Spirit Pty Ltd ATF The Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 (9 August 2019) Successful appeal by Hungry Spirit against a decision by the Registrar upholding oppositions by Fit n Fast to registration of Hungry Spirit’s trademark applications for MOVE Training and MOVE Coaching filed on 4 […]