Trademark News & Information

Trademark Lawyer Sydney – High Court Appeal – Voller

Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27 (8 September 2021) The High Court, by a 5:2 majority, dismissed an appeal by the media companies from a judgement of the Supreme Court of New South Wales where they were found […]

Trademark Lawyer Sydney – Federal Court Appeal – procat

Caterpillar Inc v Puma SE [2021] FCA 1014 (27 August 2021) Caterpillar was successful in its appeal from a decision of the Registrar dismissing its opposition to trademark registration of ‘procat’ filed on 21 October 2016 for goods in classes 18 and 25. Registrar The opponent relied on grounds under ss42(b), 44 and 60 but […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Wicked

PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2021] FCAFC 128 (29 July 2021) PDP was largely unsuccessful in its appeal from a judgment of the primary judge. Their claims for trademark infringement, misleading or deceptive conduct under the Australian Consumer Law and passing off at Common Law were rejected. PDP also failed to […]

Trademark Registration Sydney – ATMO Decisions – July 2021

Cumulo Group Pty Ltd v RTRNA PTY LTD [2021] ATMO 60 (1 July 2021) Unsuccessful opposition by Cumulo Group to trademark registration of RTRNA filed on 8 February 2019 for various domestic utensils and containers in class 21 and a broad range of services in class 35. The opponent relied on grounds of opposition under […]

Trademark Registration Sydney – ATMO Decisions – June 2021

Wild Environmental Consultants Pty Ltd v Wildplan Pty Ltd [2021] ATMO 46 (1 June 2021) Unsuccessful opposition by Wild Environmental to trademark registration of wildPLAN filed on 19 March 2019 for various services in classes 35, 42 and 45, particularly relating to town and social planning. The opponent relied on grounds of opposition under ss […]

Trademark Lawyer Sydney – Federal Court – AGL v Greenpeace

AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625 (8 June 2021) AGL was unsuccessful in its claim against Greenpeace for trade mark infringement, but prevailed, to a relatively minor extent, in its claim for copyright infringement. Background AGL owns a trade mark registration dating from 8 May 2017 for the composite AGL […]

Trademark Lawyer Sydney – Federal Court – Caltex v Ampol

Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617 (8 June 2021) Chevron was partly successful in a dispute arising from the transitioning of Caltex branded service stations to Ampol branded service stations. O’Callaghan J found certain aspects of Ampol’s conduct breached the Trade Mark Licence Agreement (TMLA) and constituted trade […]

Trademark Registration Sydney – ATMO Decisions – May 2021

R & R C Bond (Wholesale) Ltd [2021] ATMO 36 (10 May 2021) The applicant was successful; in overcoming a distinctiveness objection raised during examination of its application for trademark registration of CHURCHILL filed on 20 March 2019 for various vehicle parts in class 12. The Examiner’s objection was based on CHURCHILL being the name […]

Trademark Lawyer Sydney – Full Federal Court – RestQ Appeal

Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCAFC 80 (4 May 2021) Unsuccessful appeal by Martin & Pleasance and other related companies from the judgement of Flick J granting an injunction restraining them from marketing, promoting and/or supplying their “RestQ” range of complementary medicines.  Background A Nelson & Co Ltd […]

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. […]