When commercial success is disregarded by the court: Federal Court Refuses Registration
Despite the applicant’s commercial success and considerable evidence of brand promotion, the Court dismissed its appeal against the Registrar’s refusal to register the…
When a Trade Mark No Longer Identifies Its Owner: Federal Court decision
A trade mark registration gives its owner valuable rights, but those rights can become difficult to enforce when the mark no longer identifies the registered owner’s goods…
Counterfeit Parts, Drop Shipping and Trade Mark Use: Federal Court decides
Aftermarket parts sellers regularly need to refer to vehicle brands so customers know which models their products are designed to fit. The difficulty is that there can be a fine…
BASMATI and Certification Marks: Federal Court Upholds Refusal
Basmati is a familiar name on supermarket shelves, but that familiarity does not necessarily mean the word can function as a certification trade mark. That was the issue before…
From Fence Profile to $2 Million Damages: A Long-Running Design Dispute
The dispute between Gram Engineering Pty Ltd and BlueScope Steel Limited is one of the more detailed Australian cases on registered design infringement, particularly because the…
When Differences Are Not Enough: Federal Court Finds Ceiling Fan Design Infringed
In Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796, the Federal Court considered how far a competing product can depart from a registered design before those…
TRIDENT v TRIDENT: Full Court Clarifies Non-Use, Authorised Use and Corporate Control
A trade mark can survive a non-use attack even when the registered owner cannot initially prove that it used the mark during the relevant period. It can also be used by a related…
Limits of Honest Concurrent Use defense: Federal Court Finds SENSES DIRECT Infringed SENSIS
A single vowel and the addition of the word “DIRECT” were not enough to separate SENSES DIRECT from SENSIS. In Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019]…
