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…
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…
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,…
