Archive | Federal Court Decisions

Trademark Lawyer-Judicial Review-Foxtel

Foxtel Management Pty Limited v Registrar of Trade Marks [2019] FCA 605 (1 May 2019) Foxtel was unsuccessful in its application for judicial review of a decision by the Registrar to not revoke a trade mark registration. Foxtel had intended to oppose registration of an application for trade mark registration of CUniQ filed by China […]

Trademark Lawyer-Federal Court – Kraft v Bega

Kraft Foods Group Brands LLC and H.J Heinz Company Australia Limited v Bega Cheese Limited (No 8) [2019] FCA 593 (1 May 2019) This case involved a dispute as to ownership of a trade mark comprising the trade dress or get-up of peanut butter packaging described as “a jar with a yellow lid and a […]

Trademark Lawyer-Federal Court-Redbubble

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 355 (15 March 2019) This case considered the business model of Redbubble in the context of copyright and trade mark infringement. Hells Angels was partly successful in its trade mark infringement claim and awarded nominal damages, but failed in its copyright claim. Redbubble’s […]

Trademark Lawyer-Federal Court- spare parts repair defence

GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd [2019] FCA 97 (11 February 2019) This is a very lengthy case which is of particular interest because it deals with the spare parts repair defence under s72 of the Designs Act 2003 (Cth) and highlights the difficulties confronting a registered design owner in […]

Trademark Lawyer-Federal Court-Atomic Appeal

Notaras v Barcelona Pty Limited [2019] FCA 4 (10 January 2019) Unsuccessful appeal by Notaras from the Registrar’s decision refusing her opposition to trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and […]

Trademark Lawyer-Federal Court-Calico Appeal

Calico Global Pty Ltd v Calico LLC [2018] FCA 2096 (21 December 2018) Unsuccessful appeal by Calico Global from the Registrar’s decision to remove its trademark registration for CALICO for all the registered class 44 services on the ground of non-use during the 3 year period ending 15 April 2014. At the time of filing […]

Trademark Lawyer – Full Federal Court – AMG Appeal

Australian Meat Group Pty Ltd v JBS Australia Pty Limited [2018] FCAFC 207 (27 November 2018) Successful appeal by Australian Meat Group. The Full Court overturned the finding of trade mark infringement by the primary judge, Greenwood J reported here JBS is the owner of a registration for the AMH Logo trademark shown below dating from […]

Trademark Lawyer – Federal Court – Lumen trailer wiring harnesses

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807 (22 November 2018) Successful actions by Lumen including for copyright and trade mark infringement. Lumen supplied trailer wiring harnesses to Frontline for many years. Frontline then sought alternative suppliers and, without the knowledge of Lumen, provided these alternative suppliers (the other respondents to […]

Trademark Lawyer – Federal Court – Snake Man Advertisement

Hoser v Sportsbet Pty Ltd [2018] FCA 1557 (16 October 2018) Hoser failed to restrain Sportsbet from using the words ‘snakeman’ or ‘snake man’ in aural form in a television advertisement. As a preliminary matter, the court was asked to decide the following three questions: (1)    Whether the television commercial is a use by Sportsbet […]

Trademark Registration – Federal Court – Trident Appeals

Trident Seafoods Corporation v Trident Foods Pty Limited [2018] FCA 1490 (4 October 2018) This concerned two appeals by Trident Seafoods against the Registrar’s decisions in related non-use and opposition proceedings Trident Foods owns two Australian trademark registrations for TRIDENT covering various goods in class 29 including fish and fish products. The TRIDENT brand has […]