Region: Australia

Caterpillar's CAT marks continue to prevail over Puma's PROCAT

The primary judge correctly found that Puma's PROCAT mark is deceptively similar to Caterpillar's CAT marks, and that use of the PROCAT mark would cause deception or confusion because of Caterpillar's reputation in its CAT marks.

22 September 2022

Asia-Pacific trends and top filers: 2021

In WTR’s annual Asia-Pacific deep dive, we take a look at major trends in 2021 as well as the top corporate and law firm filers across five key jurisdictions.

15 September 2022

Defensive trademarks: a powerful and underutilised tool to protect well-known brands

Australia allows defensive trademarks. However, the small number of currently registered defensive marks (around 0.04% of the total number of registered marks) indicates that this system remains underused by Australian and international brands.

24 August 2022

Hells Angels succeeds in trademark infringement claim against Redbubble for a second time

The court rejected Redbubble's argument that the fact that it took steps to prevent infringement of third-party rights should mean that injunctive relief should not be granted.

04 August 2022

“We are often betting on the future”: ResMed’s approach to IP protection and business collaboration

ResMed’s Michael Pinczuk and Keira Moore tell WTR how the patent and trademark teams collaborate for success.

27 July 2022

Banksy dispute heads down under: ‘damning’ document could spell doom for trademarks, claims opponent

Continuing a long-running dispute, street artist Banksy is facing greeting card retailer Full Colour Black in two oppositions at IP Australia.

11 July 2022

Uniden’s mobile radio product found to infringe GME’s registered design

The case demonstrates that registered designs can provide a reasonably streamlined and cost-effective way of protecting the visual features of a product.

04 July 2022

‘.au’ direct launched - what you need to know

Current holders of Australian second-level domain names have priority, under the Priority Allocation Process, to apply for the corresponding domain names directly under ‘.au’ until 20 September 2022.

08 June 2022

Federal Court dismisses appeal regarding MALISHUS use

In this dispute over the use of the mark MALISHUS for clothing, the Federal Court confirmed that the fourth respondent had not used the mark in Australia.

05 April 2022

Purpose-driven brands, communicating the IP message and 360-degree marketing: takeaways from IPBC Australasia

IPBC Australasia, hosted by IAM and WTR, took place last week, with brand leaders discussing protection and enforcement strategies.

08 December 2021

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