Archive | Federal Court Decisions

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 […]

Trademark Lawyer Sydney – Full Federal Court – Caesarstone Appeal

Ceramiche Caesar S.p.A v Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) Successful appeals by Ceramiche Caesar SpA (Italian company) against registration of the CAESARSTONE word and Logo marks of Caesarstone Ltd (Israeli company). This resolved an ongoing dispute between the two businesses involving three related matters. The Full Federal Court (Nicholas, Burley and Thawley […]

Trademark Lawyer Sydney – Federal Court Appeal – Hungry Spirit

Hungry Spirit Pty Limited ATF The Hungry Spirt Trust v Fit n Fast Australia Pty Ltd [2020] FCA 883 (23 June 2020) Successful appeal by Hungry Spirit Successful appeal by Hungry Spirit. By decision dated 18 February 2020 reported here, a delegate of the Registrar considered Hungry Spirit was partly successful in its opposition to […]

Trademark Lawyer Sydney – Federal Court – Copyright – Love is in the air

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020) The Applicants owned various copyright rights in the musical and literary works in the song “Love is in the Air” (Love) originally composed by Vanda and Young in 1977 and published the same year by J Albert & Sons Pty Ltd (Alberts). […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Kraft v Bega

Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 (14 April 2020) Unsuccessful appeal by Kraft against a decision by the trial judge, O’Callaghan J reported here Bega’s cross-appeal was also dismissed. The case primarily involved a dispute as to ownership of a trade mark comprising the trade dress or get-up of peanut […]

Trademark Lawyer Sydney – Federal Court – The Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2020] FCA 396 (26 March 2020) This involved rulings on the admissibility of certain evidence in a dispute where Swancom is alleging the respondents infringed its registrations for various trademarks containing or consisting of the word CORNER covering live music performances in class 41. The […]

Trademark Lawyer Sydney – Federal Court – The Golden Girls Puppet Parody

JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 (5 March 2020) This involved unsuccessful actions for defamation and misleading and deceptive conduct arising from a Facebook post which provided a link to a newspaper article. There were also some copyright claims as well as a claim for wrongly retained goods which […]

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

In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193 (26 February 2020) Successful actions for trademark infringement, passing off and misleading or deceptive conduct by In-N-Out Burgers (INO). INO has, since at least 1967, owned and operated a growing chain of burger restaurants in the USA under the name In-N-Out and has various […]