Archive | Federal Court Decisions

Trademark Lawyer Sydney – Full Federal Court Appeal – Copyright in real estate photographs and floor plans

Hardingham v RP Data Pty Limited [2021] FCAFC 148 (18 August 2021) Successful appeal on the issue of copyright infringement. Background Hardingham initially made certain demands in April 2014, but did not commence proceedings until July 2018. Hardingham was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Wicked

PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2021] FCAFC 128 (29 July 2021) PDP was largely unsuccessful in its appeal from a judgment of the primary judge. Their claims for trademark infringement, misleading or deceptive conduct under the Australian Consumer Law and passing off at Common Law were rejected. PDP also failed to […]

Trademark Lawyer Sydney – Federal Court – AGL v Greenpeace

AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625 (8 June 2021) AGL was unsuccessful in its claim against Greenpeace for trade mark infringement, but prevailed, to a relatively minor extent, in its claim for copyright infringement. Background AGL owns a trade mark registration dating from 8 May 2017 for the composite AGL […]

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 […]