Trademark News & Information

Trademark Lawyer Sydney-Federal Court-Pizzeys-Preliminary discovery

Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett [2019] FCA 2084 (13 December 2019) Pizzeys were successful in obtaining an order for preliminary discovery. The substantive proceedings involved an action by Pizzeys alleging breaches of confidentiality as well as post-employment non-competition, non-solicitation and non-dealing provisions. Pizzeys is a specialist intellectual property firm which […]

Trademark Lawyer Sydney-Federal Court-Copyright in real estate photographs and floorplans

Hardingham v RP Data Pty Limited [2019] FCA 2075 (9 December 2019) Unsuccessful copyright infringement claim by Hardingham. The applicant initially made certain demands in April 2014, but did not commence proceedings until July 2018. The applicant was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had been […]

Trademark Registration Sydney – ATMO Decisions – November 2019

Lidl Stiftung & Co. KG [2019] ATMO 156 (1 November 2019) An application for trademark registration of #SANTACLARA filed on 3 April 2017 for goods and services in classes 14, 18, 25, 28, 29, 30, 31, 32 and 35 was refused except for the goods in class 31. The Examiner raised an objection under s41 […]

Trademark Lawyer Sydney – Federal Circuit Court – MALISHUS

Lamont v Malishus Limited & Ors (No.4) [2019] FCCA 3206 (14 November 2019) Successful action for trade mark infringement by Lamont. None of the parties were professionally represented. Two of the respondents infringed Lamont’s trademark registrations for MALISHUS in class 25. Lamont owned four registrations for trade marks containing or consisting of the word MALISHUS, […]

Trademark Registration Sydney – ATMO Decisions – October 2019

Darwin Funeral Services Pty Ltd [2019] ATMO 142 (1 October 2019) An application for trademark registration of DARWIN FUNERAL SERVICES filed on 28 September 2017 for burial (funeral) services in class 45 was refused for lack of distinctiveness. The delegate considered the applied for mark was not to any extent inherently adapted to distinguish the […]

Trademark Lawyer Sydney – Federal Court – DELPHINE

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) Unsuccessful application for infringement by Pinnacle and unsuccessful cross-claim for cancellation by Triangl. This matter is concisely summarised by Murphy J in the opening paragraph of his Honour’s judgment, namely “these are ill–advised proceedings in respect of alleged trade mark infringement and […]

Trademark Registration Sydney – ATMO Decisions – September 2019

Shenzhen Fernfortune International Wines Co Limited v Bilyara Vineyards Pty Ltd [2019] ATMO 131 (2 September 2019) Unsuccessful oppposition by Shenzhen Fernfortune to trademark registration of FEN FU filed on 31 October 2017 for wine in class 33 The opponent relied on grounds of opposition under ss 60 and 62A, but failed to establish either […]

Trademark Lawyer Sydney – Federal Court – Community Bank

Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553 (20 September 2019) Successful rectification application by Community First Credit Union (CFCU) for cancellation of registrations by Bendigo and Adelaide Bank (BAB) for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services […]

Trademark Lawyer Sydney – Federal Court – NRMA

National Roads and Motorists’ Association Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1491 (11 September 2019) The NRMA was unsuccessful in its actions alleging trade mark infringement, misleading or deceptive conduct and injurious falsehood against the Maritime Union of Australia (MUA) branch of the CFMMEU. This arose as part of an […]

Trademark Registration Sydney – ATMO Decisions – August 2019

Icelandic Milk and Skyr Corporation [2019] ATMO 116 (1 August 2019) The applicant was successful in overcoming a distinctiveness objection raised during examination of its application for trademark registration of SIMPLE SIDES filed on 6 September 2017 for yoghurt in class 29. The delegate agreed with the applicant that its yoghurt products are not “side […]