Trademark News & Information

Trademark Registration Sydney – ATMO Decisions – April 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021) Unsuccessful opposition by Bianca-Moden to trademark registration of BIANCA AND BRIDGETT filed on 5 September 2018 for various apparel in class 25. The opponent relied solely on the s44 ground of opposition but failed to establish that ground. […]

Trademark Lawyer Sydney – Federal Court – Jazz Corner Hotel

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328 (9 April 2021) Swancom was unsuccessful in its allegations that The Jazz Corner Hotel Pty Ltd (JCH) and other respondents infringed its trademark registrations for CORNER HOTEL, CORNER, CORNER PRESENTS and THE CORNER by using various marks containing JAZZ CORNER […]

Trademark Registration Sydney – ATMO Decisions – March 2021

REA Group Ltd v Real estate Store Pty Ltd [2021] ATMO 18 (4 March 2021) Successful opposition by REA Group to trademark registration of the composite mark shown below filed on 30 November 2017 for various goods and services in classes 9, 35, 36, 37, 38, 41 and 42. The opponent prevailed under the s60 […]

Trademark Lawyer Sydney – Changes to AU Domain Names

New rules for the .au ccTLD come into effect on 12 April 2021.These include changes to licensing rules with eligibility criteria requiring an Australian presence. All relevant .au domain names registered or renewed on or after this date will be subject to the new licensing rules. The changes will not apply to the proposed .au […]

Trademark Lawyer Sydney – Federal Court – Design Appeal

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (12 March 2021) Successful appeal by Key Logic from a decision of the Registrar of Designs revoking its design for a solar bollard. On 16 February 2015 Sun-Wizard filing a request under s63 for the Registrar to examine the registered design and, by […]

Trademark Lawyer Sydney – Full Federal Court – Community Bank Appeal

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited [2021] FCAFC 31 (11 March 2021) Unsuccessful appeal by Bendigo and Adelaide Bank (BAB) from the judgement of Markovic J ordering cancellation of registrations for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services in […]

Trademark Lawyer Sydney – Federal Circuit Court – Love where you live

Metricon Homes Pty Ltd v Zac Homes Pty Ltd [2021] FCCA 394 (10 March 2021) Unsuccessful infringement action by Metricon. Metricon alleged Zac Homes infringed its trademark registration for ‘Love where you live’ by using (1) ‘You love where you live’ as part of a sentence in a radio advertisement and (2) ‘Love where you […]

Trademark Registration Sydney -ATMO Decisions – February 2021

Jamie Smith, Oliver Sim and Romy Croft v Coen Rodgers [2021] ATMO 9 (3 February 2021) Unsuccessful opposition by Smith, Sim and Croft to trademark registration of the logo mark shown below filed on 31 January 2018 for various eyewear in class 9 and apparel in class 25. The opponents relied on grounds of opposition […]

Trademark Lawyer Sydney – Federal Court – Fearless Girl

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137 (25 February 2021) State Street was unsuccessful in its efforts to restrain display of a replica Fearless Girl statue in Melbourne; although the parties were asked to address the issue as to whether a disclaimer is required to be […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Vagisil v Vagisan

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel [2021] FCAFC 8 (11 February 2021) Successful appeal by Combe from the judgement of Stewart J  finding VAGISAN was deceptively similar to VAGISIL and resulting in refusal of Wolff’s VAGISAN trade mark application. Background The VAGISAN trade mark application was filed on 27 […]