Archive | Federal Court Decisions

Trademark Lawyer Sydney – Full Federal Court Appeal – Vagisil v Vagisan

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel [2021] FCAFC 8 (11 February 2021) Successful appeal by Combe from the judgement of Stewart J  finding VAGISAN was deceptively similar to VAGISIL and resulting in refusal of Wolff’s VAGISAN trade mark application. Background The VAGISAN trade mark application was filed on 27 […]

Trademark Lawyer Sydney – Full Federal Court Appeal – In-N-Out Burger v Down-N-Out

Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 (23 December 2020) Unsuccessful appeal by Hashtag Burgers (Hashtag) from the judgement of Katzmann J finding trademark infringement, passing off and misleading or deceptive conduct. Successful cross-appeal by In-N-Out Burgers (INO) against the primary judge’s finding that Kagan and Saliba were not also jointly […]

Trademark Lawyer Sydney – Federal Court – LIME 2

Taxiprop Pty Ltd v Neutron Holdings Inc (No 2) [2020] FCA 1822 (18 December 2020) In an earlier judgement in Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565 (29 October 2020) reported at https://www.selfmark.com.au/trademark-lawyer-sydney-federal-court-lime/ O’Callaghan J found that Neutron’s conduct, since 7 November 2018, in offering Lime branded electric bicycles and scooters for […]

Trademark Lawyer Sydney – Federal Court – La Famiglia

Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808 (17 December 2020) Successful infringement action by Goodman Fielder. Unsuccessful cross claim by Conga Foods for rectification based on distinctiveness, but partially successful applications for removal on the ground of non-use. Background In December 2005, Goodman Fielder acquired the business of La Famiglia […]

Trademark Lawyer Sydney – Federal Court – Copyright Infringement – tote bags

State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606 (6 November 2020) Unsuccessful action by State of Escape Accessories (SEA) alleging copyright infringement, misleading and deceptive conduct and passing off arising from the design, importation and sale by Ms Schwartz and her company, Chuchka Pty Ltd of 34 tote bags. Copyright SEA asserted […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Urban Ale v Urban Pale

Urban Alley Brewery Pty Ltd v La Sirene Pty Ltd [2020] FCAFC 186 (4 November 2020) Urban Alley was unsuccessful in its appeal from the judgement of O’Bryan J cancelling its URBAN ALE trademark registration and rejecting its claims for trade mark infringement arising from La Sirene’s use of URBAN PALE for beer. The judgment […]

Trademark Lawyer Sydney – Federal Court – LIME

Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565 (29 October 2020) Taxiprop was unsuccessful in its claims for infringement of its registered LIME mark and under the Australian Consumer Law (ACL) and passing off. Neutron was successful in its cross claim for removal of Taxiprop’s LIME registration on the ground of non-use for […]

Trademark Lawyer Sydney – Federal Court – BOTOX v PROTOX

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2020] FCA 1530 (14 October 2020) Allergan was unsuccessful in its claim for infringement of its registered BOTOX mark and largely unsuccessful in its claims under the Australian Consumer Law and passing off. Self Care was successful in its cross claim for removal of […]

Trademark Lawyer Sydney – Federal Court – Monster Strike

Monster Energy Company v Mixi Inc [2020] FCA 1398 (1 October 2020) Monster Energy Company (MEC) was unsuccessful in its appeal from the Registrar’s decision rejecting its opposition to trademark registration of MONSTER STRIKE filed on 23 June 2014 (with a priority date of 27 December 2013) for a broad range of goods in class […]

Trademark Lawyer Sydney – Federal Court – Wicked

PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2020] FCA 1078 (30 July 2020) PDP failed in their claims for trademark infringement, misleading or deceptive conduct under the Australian Consumer Law and passing off at Common Law. PDP also failed in their claim to cancel Grasshopper’s earlier trademark registration, but were partially successful in […]