Archive | Federal Court Decisions

Trademark Lawyers Australia – Full Federal Court – Lift Shop

Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75 (20 June 2014) Unsuccessful appeal by Lift Shop Pty Ltd. The appeal was limited to the claim for trade mark infringement relating to registration no. 1198409 shown below: Easy Living had used “Lift Shop” in the title of its web page […]

Trademark Lawyers Australia – Federal Court – Halal

Halal Certification Authority Pty Limited v Scadilone Pty Limited [2014] FCA 614 (13 June 2014) This was a straight forward case of trade mark infringement, but there was also an award of additional damages. Halal Certification Authority (HCA) owned a registration for the trade mark shown below covering “scientific and technical services; issuing halal certification to […]

Trademark Lawyers Australia – Federal Court – Unilever Clinical

Unilever Australia Ltd v Revlon Australia Pty Ltd [2014] FCA 573 (3 June 2014) Unilever failed to obtain an interlocutory injunction restraining Revlon’s use of the term CLINICAL in connection with its Mitchum brand of anti-perspirant deodorant. Unilever had been marketing its Rexona and Dove clinical protection products since 2009 and they were the only […]

Trademark Lawyers Australia – Federal Court – Telstra Yellow

Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited [2014] FCA 373 (11 April 2014) Murphy J has overturned Trade Marks Office decisions and held that Telstra’s application to register the word mark YELLOW should be refused because it is totally devoid of any inherent adaptation to distinguish and deceptively similar to earlier trade mark […]

Trademark Lawyers Australia – Full Federal Court – Madden v Seafolly

Madden v Seafolly Pty Ltd [2014] FCAFC 30 (24 March 2014) This case reinforces the need to take time to properly ascertain the facts before publishing an allegation and to not over react when responding to such an allegation. The swimwear designer, Leah Madden, had wrongly asserted in September 2010 that Seafolly had copied her […]

Trademark Lawyers Australia – Federal Court – Nappy Land

CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited [2014] FCA 79 (14 February 2014) Successful application by CI JI Family to restrain use of Nappy Land by NAN in New South Wales based on the Australian Consumer Law and passing off. The applicant was essentially controlled by Mr Ngo (referred to […]

Trademark Lawyers Australia – Full Federal Court – Digital Post

Australian Postal Corporation v Digital Post Australia [2013] FCAFC 153 (6 December 2013) The Full Federal Court dismissed an appeal by Australian Postal Corporation (APC) alleging trade mark infringement by Digital Post Australia (DPA) through its use of DIGITAL POST AUSTRALIA as a trade mark and domain name for a digital mail box service. This service […]

Trademark Lawyers Australia – Federal Court – Bob Jane

Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2013] FCA 1255 (26 November 2013) This is the latest judgment relating to the much publicised family dispute involving Bob Jane and his son, Rodney Jane. Bob Jane was a well known racing car driver who established a very successful tyre and automotive […]

Trademark Lawyers Australia – Federal Court – Bugatchi

Bugatti GmbH v Shine Forever Men Pty Ltd [2013] FCA 1116 (31 October 2013) Successful application by Bugatti for infringement of its registered BUGATTI trade mark arising from the conduct of Shine Forever Men by importing and selling clothing and accessories bearing BUGATCHI and BUGATCHI UOMO. It also operated a retail outlet in Melbourne named BUGATCHI […]

Trademark Lawyers Australia – Federal Court – Workwear

Workwear Industries Pty Ltd v Pacific Brands Workwear Group Pty Ltd [2013] FCA 1042 (15 October 2013) This is another case which reinforces the difficulty in protecting descriptive business names. It involved an unsuccessful application by Workwear Industries (WI) alleging Pacific Brands engaged in misleading or deceptive conduct by carrying on business under The Workwear […]