Archive | Federal Court Decisions

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 […]

Trademark Lawyer Sydney-Federal Court-Monster wheels

Rodney Jane Racing Pty Ltd v Monster Energy Company [2019] FCA 923 (21 June 2019) Successful appeal by Rodney Jane Racing (RJR) against a decision by the Registrar upholding oppositions by Monster Energy Company (MEC) to registration of RJR’s trademark applications for the three composite marks shown below filed on 27 January 2015 for alloy […]

Trademark Lawyer Sydney-Full Federal Court-Trident Appeal

Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 (20 June 2019) This involved two related appeals where leave to appeal was granted. Trident Seafoods (TSC) was unsuccessful in its appeal seeking removal of two TRIDENT trade mark registrations owned by Trident Foods (TF). However, TF was successful in its appeal overturning an […]

Trademark Lawyer Sydney-Judicial Review-Mitolo

Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd [2019] FCA 903 (13 June 2019) Vito was granted an extension of time to file an application seeking judicial review of a decision by the Registrar to refuse an application to extend the time for filing evidence in support of oppositions to trademark […]

Trademark Lawyer Sydney-Federal Court-Mitolo

Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd [2019] FCA 902 (13 June 2019) Successful actions by Mitolo for trademark infringement, contraventions of the Australian Consumer Law (ACL) and passing off. Mr Francesco (Frank) Mitolo is the sole director of Mitolo Wines. Mr Vito Mitolo is the sole director of Vito […]