Trademark News & Information

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 […]

Trademark Registration Sydney – ATMO Decisions – February 2020

Odyssey VR (Virtual Reality) Pty Ltd v Samsung Electronics Co., Ltd. [2020] ATMO 15 (5 February 2020) Unsuccessful opposition by Odyssey VR to trademark registration of SAMSUNG ODYSSEY NOTEBOOK Logo shown below filed on 13 July 2017 for various computer goods for games in class 9. The opponent relied on grounds of opposition under ss […]

Trademark Lawyer Sydney – Federal Court – Urban Ale v Urban Pale

Urban Alley Brewery Pty Ltd v La Sirene Pty Ltd [2020] FCA 82 (7 February 2020) Urban Alley was unsuccessful in its allegations against La Sirene and also had the misfortune of having its trade mark registration cancelled. Urban Alley alleged La Sirene infringed its trademark registration for Urban Ale covering beer in class 32 […]

Trademark Lawyer Sydney – Federal Court – Vagisil v Vagisan

Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd [2020] FCA 39 (3 February 2020) Successful appeal by Wolff against a decision by the Registrar of Trade Marks refusing trademark registration of VAGISAN. The VAGISAN trade mark application was filed on 27 May 2015 for various personal care products in classes 3 […]

Trademark Registration Sydney – ATMO Decisions – January 2020

Verge Design Ltd v Romani Clothing Co ATF the Dionyssiou Family Trust [2020] ATMO 1 (10 January 2020) Successful opposition by Verge Design to trademark registration of VERGE GIRL filed on 22 December 2017 for various eyewear in class 9, jewellery in class 14, bags and leather goods in class 18, apparel in class 25, […]

Trademark Registration Sydney – ATMO Decisions – December 2019

TOMTOM International B.V v Schenzhen Tomtoc Co Ltd [2019] ATMO 170 (2 December 2019) Successful opposition by TomTom to trademark registration of TOMTOC filed on 6 March 2017 for various bags in class 18. The opponent prevailed under the s60 ground by relying on the Australian reputation derived from use of its TOMTOM trade mark […]

Trademark Lawyer Sydney – Full Federal Court – Copyright Infringement – Kaden Boriss

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228 (13 December 2019) Unsuccessful appeal by Chhabra and Ramrakha against a judgement of the primary judge, Yates J rejecting their claim for copyright infringement. The appellants were partners in a Sydney law firm. In 2010, Chhabra was involved in the creation of […]

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 […]