Trademark News & Information

Trademark Lawyer-Judicial Review-Foxtel

Foxtel Management Pty Limited v Registrar of Trade Marks [2019] FCA 605 (1 May 2019) Foxtel was unsuccessful in its application for judicial review of a decision by the Registrar to not revoke a trade mark registration. Foxtel had intended to oppose registration of an application for trade mark registration of CUniQ filed by China […]

Trademark Lawyer-Federal Court – Kraft v Bega

Kraft Foods Group Brands LLC and H.J Heinz Company Australia Limited v Bega Cheese Limited (No 8) [2019] FCA 593 (1 May 2019) This case involved a dispute as to ownership of a trade mark comprising the trade dress or get-up of peanut butter packaging described as “a jar with a yellow lid and a […]

Trademark Lawyer-Federal Court-Redbubble

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 355 (15 March 2019) This case considered the business model of Redbubble in the context of copyright and trade mark infringement. Hells Angels was partly successful in its trade mark infringement claim and awarded nominal damages, but failed in its copyright claim. Redbubble’s […]

Trademark Lawyer-Federal Court- spare parts repair defence

GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd [2019] FCA 97 (11 February 2019) This is a very lengthy case which is of particular interest because it deals with the spare parts repair defence under s72 of the Designs Act 2003 (Cth) and highlights the difficulties confronting a registered design owner in […]

Trademark Registration-ATMO Decisions- January 2019

Tobzac Investments Pty Ltd [2019] ATMO 1 (11 January 2019) An application for trademark registration of the stylised WEAVE mark shown below filed on 1 June 2017 for various furniture goods was refused. The s44 ground was upheld        deceptively similar to    E&J Gallo Winery v Kristy Booth [2019] ATMO 2 (14 […]

Trademark Lawyer-Federal Court-Atomic Appeal

Notaras v Barcelona Pty Limited [2019] FCA 4 (10 January 2019) Unsuccessful appeal by Notaras from the Registrar’s decision refusing her opposition to trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and […]

Trademark Registration-ATMO Decisions-December 2018

Paypal, Inc v Finpal Pty Ltd [2018] ATMO 196 (10 December 2018) Successful oppositions by Paypal to trademark registration of FinPal Logo and FINPAL filed on 14 September 2016 and 23 February 2017 for financial related goods and services in classes 9, 36 and 42. The opponent prevailed under the s60 ground based on the […]

Trademark Lawyer-Federal Court-Calico Appeal

Calico Global Pty Ltd v Calico LLC [2018] FCA 2096 (21 December 2018) Unsuccessful appeal by Calico Global from the Registrar’s decision to remove its trademark registration for CALICO for all the registered class 44 services on the ground of non-use during the 3 year period ending 15 April 2014. At the time of filing […]

Trademark Registration-ATMO Decisions- November 2018

Red Moon Srl [2018] ATMO 177 (1 November 2018) Application for trademark registration of Swing Natural More Logo shown below filed on 22 September 2016 for goods in classes 29, 31, 32 and 33. The applicant deleted class 33 to overcome a s44 objection based on a prior registration for SWING and a s43 plant […]

Trademark Lawyer – Full Federal Court – AMG Appeal

Australian Meat Group Pty Ltd v JBS Australia Pty Limited [2018] FCAFC 207 (27 November 2018) Successful appeal by Australian Meat Group. The Full Court overturned the finding of trade mark infringement by the primary judge, Greenwood J reported here JBS is the owner of a registration for the AMH Logo trademark shown below dating from […]