Trademark News & Information

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 – Federal Court – Injunction – Finish dishwashing products

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 (3 September 2021) Reckitt Benckiser was successful in obtaining an interim injunction restraining Henkel from offering for sale or selling dishwashing products by reference to the following sign: Henkel contended this was merely a depiction of its SOMAT capsules and not […]

Trademark Registration Sydney – ATMO Decisions – August 2021

Gopro Inc v Ross Walmsley [2021] ATMO 76 (2 August 2021) Unsuccessful opposition by Walmsley to an application for removal of his trademark registration for Gopro Logo shown below alleging no good faith use in the 3 years period ending 28 December 2019. The registration dated from 14 January 2013 and covered a broad range […]

Trademark Lawyer Sydney – Full Federal Court Appeal – Copyright in real estate photographs and floor plans

Hardingham v RP Data Pty Limited [2021] FCAFC 148 (18 August 2021) Successful appeal on the issue of copyright infringement. Background Hardingham initially made certain demands in April 2014, but did not commence proceedings until July 2018. Hardingham was a professional photographer and the sole director of Real Estate Marketing Australia Pty Ltd which had […]

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 […]