Trademark News & Information

Trade Mark Registration Sydney – ATMO Decisions – October 2021

Billie Inc v Sergey Kayudin [2021] ATMO 112 (1 October 2021) Successful opposition by Billie Inc to trademark registration of BILLIE filed on 28 September 2018 for shaving products in class 3 and 8. The opponent prevailed under the s59 intention to use ground. The applicant did not file any evidence or participate in the […]

Trademark Registration Sydney – ATMO Decisions -September 2021

Pernod Ricard Winemakers Pty Ltd v Clare Frances Eddington and William Henry Eddington [2021] ATMO 94 (2 September 2021) Unsuccessful opposition by Pernod Ricard to trademark registration of Richmond Park Estate filed on 4 March 2019 for various goods in class 24 as well as wine related goods and services in classes 33, 35 and […]

Trademark Lawyer Sydney – High Court Appeal – Voller

Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27 (8 September 2021) The High Court, by a 5:2 majority, dismissed an appeal by the media companies from a judgement of the Supreme Court of New South Wales where they were found […]

Trademark Lawyer Sydney – Full Federal Court Appeal – PROTOX

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163 (7 September 2021) Successful appeal by Allergan against a judgement by the primary judge, Stewart J rejecting its claim for trade mark infringement and many of its claims under the Australian Consumer Law. Background Allergan’s Botox product relaxes the muscles at […]

Trademark Lawyer Sydney – Federal Court Appeal – procat

Caterpillar Inc v Puma SE [2021] FCA 1014 (27 August 2021) Caterpillar was successful in its appeal from a decision of the Registrar dismissing its opposition to trademark registration of ‘procat’ filed on 21 October 2016 for goods in classes 18 and 25. Registrar The opponent relied on grounds under ss42(b), 44 and 60 but […]

Trademark Lawyer Sydney – Federal Court – Injunction – Finish dishwashing products

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 (3 September 2021) Reckitt Benckiser was successful in obtaining an interim injunction restraining Henkel from offering for sale or selling dishwashing products by reference to the following sign: Henkel contended this was merely a depiction of its SOMAT capsules and not […]

Trademark Registration Sydney – ATMO Decisions – August 2021

Gopro Inc v Ross Walmsley [2021] ATMO 76 (2 August 2021) Unsuccessful opposition by Walmsley to an application for removal of his trademark registration for Gopro Logo shown below alleging no good faith use in the 3 years period ending 28 December 2019. The registration dated from 14 January 2013 and covered a broad range […]

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 Registration Sydney – ATMO Decisions – July 2021

Cumulo Group Pty Ltd v RTRNA PTY LTD [2021] ATMO 60 (1 July 2021) Unsuccessful opposition by Cumulo Group to trademark registration of RTRNA filed on 8 February 2019 for various domestic utensils and containers in class 21 and a broad range of services in class 35. The opponent relied on grounds of opposition under […]