Archive | Federal Court Decisions

Trademark Lawyer Sydney – Federal Court – MM Appeal

Marquis Macadamias Ltd v Mars Australia Pty Ltd [2022] FCA 207 (10 March 2022) Successful appeal (by consent) by Marquis Macadamias from a Registrar’s decision refusing registration of its application for trademark registration of MM (Stylised) shown below filed on 30 July 2019 for various foodstuffs in classes 29, 30 and 31 Before the Registrar, […]

Trademark Lawyer Sydney – Federal Court – OPEN ACCESS Appeal

Gen-Probe Incorporated v Beckman Coulter, Inc [2022] FCA 194 (8 March 2022) Successful appeal (by consent)  by Gen-Probe from a Registrar’s decision refusing registration of its application for trademark registration of OPEN ACCESS filed on 30 August 2017 for various diagnostic goods in classes 1, 5, 9 and 10. Before the Registrar, the opponent relied […]

Trademark Lawyer Sydney – Federal Court – MOTHERSKY Appeal

Energy Beverages LLC v Cantarella Bros Pty Ltd [2022] FCA 113 (18 February 2022) This concerned three unsuccessful appeals by Energy Beverages. The first two appeals were from Registrar’s decisions directing removal of its MOTHER LOADED ICED COFFEE  and MOTHERLAND trade mark registrations on the ground of non-use. The third appeal was from the Registrar’s […]

Trademark Lawyer Sydney – Federal Court – a2 Milk and TRUE A2

The a2 Milk Company Limited v LD&D Australia Pty Ltd [2021] FCA 1515 (3 December 2021) Successful appeal by The a2 Milk Company from decisions by the Registrar of Trade Marks, resulting in registration of its trade mark applications for a2 Milk and TRUE A2 filed on 20 July 2015 and 9 February 2016 for […]

Trademark Lawyer Sydney – Federal Court – KANGEN

Enagic Co Ltd v Horizons (Asia) Pty Ltd (No 3) [2021] FCA 1512 (2 December 2021) Successful appeal by Enagic from a decision by the Registrar of Trade Marks, resulting in refusal of the KANGEN trade mark application filed by Horizons on 24 September 2016 for a broad range of services in class 35 including […]

Trademark Lawyer Sydney – Federal Court – PABLO

Freshfood Holdings Pte Limited v Pablo Enterprise Pte Limited (No 2) [2021] FCA 1404 (12 November 2021) Successful appeal by Freshfood from a decision by the Registrar of Trade Marks. Registrar’s decision Before the Registrar, Freshfood was unsuccessful in its opposition to an application for removal of its trademark registration for PABLO alleging no good […]

Trademark Lawyer Sydney – Federal Court – Henley

Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369 (5 November 2021) Henley Arch was comprehensively successful in its claims for trademark infringement and contravention of the Australian Consumer Law by Henley Constructions. Henley Arch has been conducting business in the residential building and construction field since 1989 under various HENLEY trade […]

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 […]