Trademark News & Information

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 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 Lawyer Sydney-Federal Court-Hungry Spirit

Hungry Spirit Pty Ltd ATF The Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 (9 August 2019) Successful appeal by Hungry Spirit against a decision by the Registrar upholding oppositions by Fit n Fast to registration of Hungry Spirit’s trademark applications for MOVE Training and MOVE Coaching filed on 4 […]

Trademark Registration Sydney – ATMO Decisions – July 2019

Salesforce.com, Inc v Intygrate Pty Ltd [2019] ATMO 103 (1 July 2019) Successful opposition by Salesforce to trademark registration of the composite mark shown below filed on 15 March 2017 for various software related goods and services in classes 9, 16 and 42 The opponent prevailed under the s44 ground. The delegate considered the applied […]

Trademark Registration Sydney – ATMO Decisions – June 2019

LD&D Australia Pty Ltd v LD&D Australia Pty Ltd [2019] ATMO 85 (3 June 2019) Successful opposition by LD&D to trademark registration of TRUE A2 filed on 9 February 2016 for various milk products in class 29. The opponent prevailed under the s41 distinctiveness ground with s41 being applied as it stood prior to the […]

Trademark Lawyer Sydney – Federal Circuit Court- MDerma

C&S Investments Pty Ltd v Klinic Solutions Australasia Pty Ltd [2019] FCCA 1741 (24 June 2019) Unsuccessful trademark infringement claim by C&S and successful cross-claim by Klinic. C&S owned a trademark registration for MDerma dating from 29 September 2015 and covering therapeutic cosmetic treatment apparatus in class 10 and cosmetic treatment services in class 44. […]

Trademark Lawyer Sydney-Federal Court-Monster wheels

Rodney Jane Racing Pty Ltd v Monster Energy Company [2019] FCA 923 (21 June 2019) Successful appeal by Rodney Jane Racing (RJR) against a decision by the Registrar upholding oppositions by Monster Energy Company (MEC) to registration of RJR’s trademark applications for the three composite marks shown below filed on 27 January 2015 for alloy […]

Trademark Lawyer Sydney – NSW Supreme Court-Voller

Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766 The defendants were media organisations which maintained public Facebook pages and were found to have relevantly published potentially defamatory postings made by members of the public under the Defamation Act 2005 (NSW). […]

Trademark Lawyer Sydney-Full Federal Court-Trident Appeal

Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 (20 June 2019) This involved two related appeals where leave to appeal was granted. Trident Seafoods (TSC) was unsuccessful in its appeal seeking removal of two TRIDENT trade mark registrations owned by Trident Foods (TF). However, TF was successful in its appeal overturning an […]