Trademark News & Information

Trademark Lawyers Australia – Full Federal Court – Winnebago

Knott Investments Pty Ltd v Winnebago Industries, Inc [2013] FCAFC 59 (7 June 2013) Partly successful appeal by Knott going to the relief granted to Winnebago. By way of background, Winnebago carried on business in the USA and other countries (but not Australia), manufacturing and selling recreational vehicles. From either 1978 or 1982, Knott began […]

Trademark Lawyers Australia – Federal Court – realestate.com.au

REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559 (7 June 2013) Use by Real Estate 1 Ltd of various versions of trade marks containing realestate1.com.au and realcommercial1.com.au for real estate listing and advertising services infringed registrations for logo versions of REA Group’s realestate.com.au and real commercial.com.au trade marks as shown below. Bromberg […]

Trademark Registration Australia – ATMO Decisions – May 2013

Specsavers Pty Ltd v Luxottica Group S.p.A. [2013] ATMO 24 (2 May 2013) Unsuccessful opposition by Specsavers to registration of the following trade mark for optical goods and related retailing services: The Opponent argued that devices of circles and hearts are commonly used. Heart devices are symbolic of love as, for example, exemplified by prevalent […]

Trademark Lawyers Australia – Federal Court – DC Comics

DC Comics v Cheqout Pty Ltd [2013] FCA 478 (22 May 2013) The Registrar’s decision was overturned on appeal. DC Comics was ultimately successful in its opposition to registration of the trade mark “superman workout” for various exercise and fitness related services. The judge considered the term “superman” was descriptive and consequently it was unlikely […]

Trademark Registration Australia – ATMO Decisions – April 2013

Trend Windows & Doors Pty Ltd v Saint-Gobain Glass France [2013] ATMO 21 (3 April 2013) Trend (represented by Gerard Skelly) successfully defended its registrations for the Quantum word and logo trade marks in respect of non-metallic windows and doors against a challenge on the ground of non-use by Saint-Gobain Glass. The Registrar’s Delegate was […]

Trademark Registration Australia – ATMO Decisions – March 2013

Toddler Kindy Gymbaroo Pty Ltd v Gym-Mark, Inc [2013] ATMO 15 (1 March 2013) Successful application by Gym-Mark for partial removal of the GYMBAROO trade mark registration on the ground of non-use. This case turned on its particular facts, but the Registrar’s Delegate did express the opinion there is no principle of general application in […]

Trademark Lawyer Australia- Parallel Imports – Grey Goods

Parallel importers proceed at their own risk Paul’s Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51 (11 April 2012) Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130 (11 September 2012) These two full Federal Court cases highlight the problems faced by businesses seeking to import and sell genuine products […]

Trademark Attorney Australia – Changes to Trade Mark Law 15 April 2013

Changes to Australian trade mark law take effect from 15 April 2013 The changes to Australian trade mark law arising from the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 take effect from 15 April 2013. The Regulations implementing these changes have been finalised and detailed information is available from the IP Australia website […]

Trademark Registration Australia – ATMO Decisions – February 2013

1-800-FLOWERS.COM, Inc. v Flowerscorp Pty Ltd [2013] ATMO 11 (5 February 2013) Successful non-use application for removal of a registration for a composite trade mark containing 1800-FLOWERS for services including the retailing, delivery and arranging of flowers in classes 35, 39 and 42. The Delegate did not accept use of the phone name 1-800 – […]

Trademark Lawyers Australia – Federal Court – Cantarella

Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8 (13 February 2013) Cantarella Bros Pty Limited v Modena Trading Pty Limited (No 2) [2013] FCA 130 (25 February 2013) Modena’s use of ORO and CINQUE STELLE for coffee infringed Cantarella’s trade mark registrations for these words. These were valid registrations despite being […]