Full Court upholds trademark infringement claim against Redbubble, but overrules damages award
The Full Court found that the primary judge had made an error in awarding nominal damages of A$8,250 because such amount was not nominal.
The Full Court found that the primary judge had made an error in awarding nominal damages of A$8,250 because such amount was not nominal.
This week’s opinion column urges brand owners to pay attention to China-based shopping agents allegedly making it easier for Western consumers to buy fake goods online.
The Supreme Court addressed for the first time the issue of when use of a trademark on a foreign website infringes a UK trademark.
The link which may be established in the minds of the relevant public with a mark that has an exceptional reputation cannot be presumed.
14 March 2024
The case serves as a reminder of the difficulties of proving bad faith before the ISIPO or the Board of Appeal.
14 March 2024
The JPO found that there was no likelihood of confusion between the ‘USL’ monogram and the famous ‘YSL’ monogram, even though both marks covered Class 25 goods.
13 March 2024
The case shows the importance of determining the distinctive or dominant elements of the marks in opposition proceedings, even if the degree of similarity is fairly low.
07 March 2024
The enforcement authorities raided over 30 commercial establishments in the Polvos Azules gallery - a hotspot for fake goods - and seized approximately 30,000 units of fake apparel bearing marks such as ADIDAS and NIKE.
07 March 2024
In a dispute between Rolex and a Swiss company engaged in the customisation of luxury watches, the court considered for the first time the issue of the unauthorised customisation of branded goods.
06 March 2024
The decision puts into context the percentage of participants in a consumer survey that is required to establish a likelihood of confusion.
05 March 2024
Lando Norris and Lewis Hamilton own the most trademarks of all Formula 1 drivers taking part in the current 2024 season, analysis by WTR finds.
04 March 2024
In this week’s opinion column, CITMA vice president Kelly Saliger draws on the history of the Smiley Company to demonstrate how simple case studies can help to raise IP awareness.
02 March 2024
The JPO found that there was no likelihood of confusion between Louis Vuitton Malletier’s famous ‘LV’ monogram and a figurative mark including a monogram-like device in Classes 18 and 25.
26 February 2024
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