Archive | Federal Court Decisions

Trademark Lawyers Australia – Federal Court – Discount Drugstores Appeal

Discount Drugstores Pty Ltd v Registrar of Trade Marks [2015] FCA 1159 (9 October 2015) This was an appeal from the Registrar’s decision refusing registration of the orange and purple colour mark shown below for pharmacy related services which was reported here . The applicant filed its evidence in chief and, following mediation, the Registrar consented […]

Trademark Lawyers Australia – Federal Court – MALTITOS v MALTESERS

Delfi Chocolate Manufacturing S.A. v Mars Australia Pty Ltd [2015] FCA 1065 (1 October 2015) Delfi has successfully appealed the Registrar’s decision and has cleared the way to register its MALTITOS trade mark for confectionery. The cross appeal by Mars on the s44 ground failed. The Registrar’s decision is reviewed here. Mars successfully opposed registration […]

Trademark Lawyers Australia – Federal Court – Anchorage Capital

Anchorage Capital Partners Pty Limited v ACPA Pty Ltd and Anchorage Capital Group LLC [2015] FCA 882 (21 August 2015) Anchorage Capital Partners Pty Limited failed to make out its allegations that a US company and its Australian subsidiary infringed its registered trade mark rights, or engaged in misleading or deceptive conduct, by using names […]

Trademark Lawyers Australia – Federal Court – Dallas Buyers Club

Dallas Buyers Club LLC v iiNet Limited (No 4) [2015] FCA 838 (14 August 2015) This is part of the ongoing efforts by Dallas Buyers Club (DBC) to obtain access to details of account holders who had been illegally sharing its film over the BitTorrent network. Perram J had previously allowed this subject to being […]

the hotplate court case

Trademark Lawyers Australia – Federal Court – Hotplate

Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800 (6 August 2015) The Seven Network failed in its attempt to restrain the broadcast by the Nine Network of the reality television cooking program called The Hotplate first broadcast on 28 July 2015. Nicholas J declined to grant an interlocutory injunction and the […]

Trademark Lawyers Australia – Federal Court – Sir Walter

Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks [2015] FCA 756 (24 July 2015) This was an unsuccessful appeal by Buchanan against an earlier Trade Marks Office decision refusing an application for registration of SIR WALTER as a trade mark for “turf grass” in class 31. The earlier decision is reported in the […]

Trademark Lawyers Australia – Federal Court – Collins House

Collins House Pty Ltd v Golden Age Sunrise Development Pty Ltd [2015] FCA 724 (17 July 2015) Unsuccessful application by Collins House seeking an interlocutory injunction restraining Golden Age from using Collins House and Collins House Melbourne in relation to the marketing of a residential property development at 466 Collins Street, Melbourne. The development is […]

Trademark Lawyers Australia – Federal Court – Harbour Lights

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 (5 June 2015) This matter involved a dispute involving trade mark rights in the name of a building. The Federal Court has previously considered similar issues in disputes involving the names The Chifley and Circle on Cavill. Rangiah J decided […]

Trademark Lawyers Australia – Federal Court – Wild Geese

Skyy Spirits LLC v Lodestar Anstalt [2015] FCA 509 (26 May 2015) This case will be met with a sigh of relief by licensors of registered trade marks, but it is apparent the concept of ‘authorised use’ under the Trade Marks Act 1995 is controversial. Perram J allowed an appeal by Skyy Spirits overturning a […]

Trademark Lawyers Australia – Full Federal Court – Tamawood

Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2015] FCAFC 65 (18 May 2015) This was an appeal from a judgment of Collier J finding Habitare, its architects and builder had infringed Tamawood’s copyright in plans for certain project homes. Tamawood had prepared plans for Habitare to use for the […]