Archive | Federal Court Decisions

Trademark Lawyers Australia – Federal Court – Vendor Advocacy

Vendor Advocacy Australia Pty Ltd v Seitanidis [2013] FCA 971 (27 September 2013) This case reinforces the difficulty in protecting descriptive business names. It involved an unsuccessful application by Vendor Advocacy Australia (VAA) alleging Mr Seitanidis engaged in misleading or deceptive conduct by carrying on business in the real estate field by reference to the […]

Trademark Lawyers Australia – Federal Court – Louis V

Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933 (19 September 2013) Successful application by Louis Vuitton for infringement and breach of the Australian Consumer Law arising from the conduct of Sonya Valentine in importing and selling sunglasses sourced from China bearing LOUIS V and a flower design. Louis Vuitton’s registered trade mark […]

Trademark Lawyers Australia – Federal Court – Adidas

Adidas AG v Pacific Brands Footwear Pty Ltd (No 3) [2013] FCA 905 (12 September 2013) Partly successful application by Adidas alleging use of four stripes on various shoes marketed by Pacific Brands infringed certain registrations of its 3 stripe trade mark. The two trade mark registrations are shown below:           The judge, Robertson J, […]

Trademark Lawyers Australia – Federal Court – Lift Shop

Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2013] FCA 900 (10 September 2013) Unsuccessful application by Lift Shop Pty Ltd alleging trade mark infringement and breach of the Australian Consumer Law arising from use of the words “Lift Shop” by Easy Living Home Elevators Pty Ltd in connection with customised elevators/lifts […]

Trademark Lawyers Australia – Federal Court – FPInnovation

FPInnovation Pty Ltd v Registrar of Trade Marks [2013] FCA 826 (16 August 2013) Following an interlocutory application by the Registrar, the Court dismissed proceedings commenced by FPInnovation seeking judicial review of the Registrar’s decision to revoke registration and acceptance of various trade mark applications. The Court referred with approval to 1-800-Flowers.Com Inc v Registrar […]

Trademark Lawyers Australia – Full Federal Court – Winnebago

Knott Investments Pty Ltd v Winnebago Industries, Inc [2013] FCAFC 59 (7 June 2013) Partly successful appeal by Knott going to the relief granted to Winnebago. By way of background, Winnebago carried on business in the USA and other countries (but not Australia), manufacturing and selling recreational vehicles. From either 1978 or 1982, Knott began […]

Trademark Lawyers Australia – Federal Court – realestate.com.au

REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559 (7 June 2013) Use by Real Estate 1 Ltd of various versions of trade marks containing realestate1.com.au and realcommercial1.com.au for real estate listing and advertising services infringed registrations for logo versions of REA Group’s realestate.com.au and real commercial.com.au trade marks as shown below. Bromberg […]

Trademark Lawyers Australia – Federal Court – DC Comics

DC Comics v Cheqout Pty Ltd [2013] FCA 478 (22 May 2013) The Registrar’s decision was overturned on appeal. DC Comics was ultimately successful in its opposition to registration of the trade mark “superman workout” for various exercise and fitness related services. The judge considered the term “superman” was descriptive and consequently it was unlikely […]

Trademark Lawyers Australia – Federal Court – Cantarella

Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8 (13 February 2013) Cantarella Bros Pty Limited v Modena Trading Pty Limited (No 2) [2013] FCA 130 (25 February 2013) Modena’s use of ORO and CINQUE STELLE for coffee infringed Cantarella’s trade mark registrations for these words. These were valid registrations despite being […]

Trademark Lawyers Australia – Federal Court – PopCorners

Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135 (25 February 2013) Unsuccessful application for interlocutory injunction to restrain use of the trade mark POPCORNERS for corn based snack food products based on prior trade mark registration for POPPED CORNERS. The applicants established a prima facie case for infringement, but the respondents had […]