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]…
Similar Marks, Different Goods: Federal Court Allows DIGITEK Despite DGTEC Resemblance
Trade mark disputes often appear straightforward when two brand names look and sound alike. The position becomes more complicated when those marks are used for products that sit…
Shape, Structure and Overall Impression: Federal Court Finds Uniden’s XTRAK Microphone Infringed GME’s Registered Design
In GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520, the Federal Court considered whether the design of Uniden’s proposed XTRAK UHF radio microphone was substantially similar…
Shared Designs, Confidential Drawings and Unjustified Threats: Full Court decides the Valve Dispute
In Comino v Watson Webb Pty Ltd [2026] FCAFC 66, the Full Court of the Federal Court considered a long-running intellectual property dispute arising from the development of…
Copying without confusion: Federal Court Rejects Bodum’s Claim Over Double-Walled Glass Designs
In a recent case, Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238, the Federal Court considered whether the deliberate copying of a successful product design…
When the order of words is not enough: PRO POOL found to infringe POOL PRO
The Federal Court’s decision in The Pops Group Pty Ltd as trustee for The Pool Shops Trust v Pro Pool Services Pty Ltd (No 2) [2026] FCA 912 shows how ordinary business practices,…
Revisiting Section 60: How a Solid Brand Reputation Shielded a Competing Mark
The dispute between Mars Australia Pty Ltd and Delfi Chocolate Manufacturing S.A. over the mark MALTITOS generated two decisions that together constitute an important…
