Trademark News & Information

Trademark Lawyer Sydney – Federal Court Appeal – Hungry Spirit

Hungry Spirit Pty Limited ATF The Hungry Spirt Trust v Fit n Fast Australia Pty Ltd [2020] FCA 883 (23 June 2020) Successful appeal by Hungry Spirit Successful appeal by Hungry Spirit. By decision dated 18 February 2020 reported here, a delegate of the Registrar considered Hungry Spirit was partly successful in its opposition to […]

Trademark Registration Sydney – ATMO Decisions – May 2020

Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH [2020] ATMO 72 (5 May 2020) Unsuccessful opposition by Longines to trademark registration of IRON ANNIE Logo shown below filed on 30 May 2017 for beauty care products, watches and apparel in classes 3, 14 and 25. The opponent relied on grounds of opposition […]

Trademark Lawyer Sydney – NSW Supreme Court Appeal – Voller

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 (1 June 2020) Unsuccessful appeal by the media organisations which, at first instance, were found to have relevantly published on their public Facebook pages potentially defamatory postings made by members of the public under the Defamation Act 2005 […]

Trademark Registration Sydney – ATMO Decisions – April 2020

Foxtel Management Pty Ltd v Beijing Qiyi Century Science & Technology Co Ltd [2020] ATMO 50 (1 April 2020) Successful opposition by Foxtel to trademark registration of the IQIYI Logo mark shown below filed on 15 June 2017 for various goods and services in classes 9, 35, 38, 41 and 42. The opponent prevailed under […]

Trademark Lawyer Sydney – Federal Court – Copyright – Love is in the air

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (24 April 2020) The Applicants owned various copyright rights in the musical and literary works in the song “Love is in the Air” (Love) originally composed by Vanda and Young in 1977 and published the same year by J Albert & Sons Pty Ltd (Alberts). […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Kraft v Bega

Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 (14 April 2020) Unsuccessful appeal by Kraft against a decision by the trial judge, O’Callaghan J reported here Bega’s cross-appeal was also dismissed. The case primarily involved a dispute as to ownership of a trade mark comprising the trade dress or get-up of peanut […]

Trademark Registration Sydney – ATMO Decisions – March 2020

L & T Trading Pty Ltd v Cong Ty Co Phan Ky Nghe Thuc Pham Vietnam (Vietnam Food Industries Joint Stock Company) [2020] ATMO 33 (3 March 2020) Partly successful opposition by L&T Trading to an application for removal of its trademark registrations for VIFON (word and logo) alleging non-use during the 3 years period […]

Trademark Lawyer Sydney – Federal Court – The Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2020] FCA 396 (26 March 2020) This involved rulings on the admissibility of certain evidence in a dispute where Swancom is alleging the respondents infringed its registrations for various trademarks containing or consisting of the word CORNER covering live music performances in class 41. The […]

Trademark Lawyer Sydney – Federal Court – The Golden Girls Puppet Parody

JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 (5 March 2020) This involved unsuccessful actions for defamation and misleading and deceptive conduct arising from a Facebook post which provided a link to a newspaper article. There were also some copyright claims as well as a claim for wrongly retained goods which […]

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 […]