Can a Global Superstar Take Your Trade Mark? Lesson from the “Battle of the Perrys”
The recent decision of the High Court of Australia in Taylor v Killer Queen LLC [2026] HCA 5 marks the conclusion of a significant and highly publicized trade mark dispute. Often…
Market Competition and Consumer Perception: Lessons from the Bohemia Crystal Dispute
The decision of the Federal Court of Australia in Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235 represents a significant moment in Australian trade mark law,…
Assessing the Probability of Deception: A landmark decision from Australian High court
The decision of the High Court of Australia in Australian Woollen Mills Limited v F S Walton and Company Limited [1937] HCA 51 remains an important decision under Australian trade…
The problem with Deliberate Genericization: Lessons from a recent judgment of Federal Court
The decision of the Federal Court of Australia in Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd [2026] FCA 161 represents a significant development in…
The “Mark Within a Mark”: How Composite Branding Protects Your Core Trade Mark
The decision of the Federal Court of Australia in Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd concerns two interconnected trade mark disputes relating to a device…
Trade Mark Infringement and the risks of imitation masked as a “tribute”
The case of Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 is much more than a simple dispute over fast-food naming rights, i.e. it is a definitive lesson in the…
Animated Characters and the Limits of Trade Mark Infringement
The High Court of Australia’s decision in Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66 remains a landmark judgment in the domain of trade mark…
Branding, Collaborations and the limitations of using a Name
When two brands share a common name, the legal dispute often shifts to how consumers perceive that name within the context of the marketplace. The recent decision by Justice…
