Archive | Federal Court Decisions

Trademark Lawyer Sydney – Federal Court – Caltex v Ampol

Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617 (8 June 2021) Chevron was partly successful in a dispute arising from the transitioning of Caltex branded service stations to Ampol branded service stations. O’Callaghan J found certain aspects of Ampol’s conduct breached the Trade Mark Licence Agreement (TMLA) and constituted trade […]

Trademark Lawyer Sydney – Full Federal Court – RestQ Appeal

Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCAFC 80 (4 May 2021) Unsuccessful appeal by Martin & Pleasance and other related companies from the judgement of Flick J granting an injunction restraining them from marketing, promoting and/or supplying their “RestQ” range of complementary medicines.  Background A Nelson & Co Ltd […]

Trademark Lawyer Sydney – Federal Court – Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328 (9 April 2021) Swancom was unsuccessful in its allegations that The Jazz Corner Hotel Pty Ltd (JCH) and other respondents infringed its trademark registrations for CORNER HOTEL, CORNER, CORNER PRESENTS and THE CORNER by using various marks containing JAZZ CORNER […]

Trademark Lawyer Sydney – Federal Court – Design Appeal

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (12 March 2021) Successful appeal by Key Logic from a decision of the Registrar of Designs revoking its design for a solar bollard. On 16 February 2015 Sun-Wizard filing a request under s63 for the Registrar to examine the registered design and, by […]

Trademark Lawyer Sydney – Full Federal Court – Community Bank Appeal

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited [2021] FCAFC 31 (11 March 2021) Unsuccessful appeal by Bendigo and Adelaide Bank (BAB) from the judgement of Markovic J ordering cancellation of registrations for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services in […]

Trademark Lawyer Sydney – Federal Court – Fearless Girl

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137 (25 February 2021) State Street was unsuccessful in its efforts to restrain display of a replica Fearless Girl statue in Melbourne; although the parties were asked to address the issue as to whether a disclaimer is required to be […]

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 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 […]