Trademark News & Information

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 […]

Trademark Lawyer Sydney – Federal Circuit Court – MALISHUS

Lamont v Malishus Limited & Ors (No.4) [2019] FCCA 3206 (14 November 2019) Successful action for trade mark infringement by Lamont. None of the parties were professionally represented. Two of the respondents infringed Lamont’s trademark registrations for MALISHUS in class 25. Lamont owned four registrations for trade marks containing or consisting of the word MALISHUS, […]

Trademark Registration Sydney – ATMO Decisions – October 2019

Darwin Funeral Services Pty Ltd [2019] ATMO 142 (1 October 2019) An application for trademark registration of DARWIN FUNERAL SERVICES filed on 28 September 2017 for burial (funeral) services in class 45 was refused for lack of distinctiveness. The delegate considered the applied for mark was not to any extent inherently adapted to distinguish the […]

Trademark Lawyer Sydney – Federal Court – DELPHINE

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) Unsuccessful application for infringement by Pinnacle and unsuccessful cross-claim for cancellation by Triangl. This matter is concisely summarised by Murphy J in the opening paragraph of his Honour’s judgment, namely “these are ill–advised proceedings in respect of alleged trade mark infringement and […]