Region: Australia

Federal Court clarifies limitation of own name defence

In Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd, the Federal Court of Australia has found that use of the name V. Mitolo and Son infringed trademark registrations for the mark MITOLO in relation to wine.

09 September 2019

When a domain name is dropped, you need the best catcher in your team

A recent decision involving the domain name ‘ogio.com.au’ under the ‘.au’ Dispute Resolution Policy is an important reminder of how panels can have different approaches to the same facts in complex cases.

16 August 2019

Sportsbet takes punt on descriptive mark

The decision of the Australian Trademark Office in Sportsbet Pty Ltd regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a reminder of the perils of adopting descriptive trademarks.

05 August 2019

Bad-faith oppositions beat BEN FORD, LIKE A BOSS

Recent Australian opposition proceedings involving the marks BARRY FORD, BEN FORD and LIKE A BOSS show that comprehensive monitoring is essential to help businesses identify and oppose applications which either infringe on an existing mark or are filed in bad faith.

29 July 2019

IP Australia launches visual search, most boycotted brands, and CNIPA reveals trademark data: news digest

In our latest round-up, we look at Colgate making an offer for Filgora’s skincare business, Tencent questioning the existence of singular or plural TLDs, Kylie Minogue commenting on that trademark dispute with Kylie Jenner, and much more.

12 July 2019

Trademark use control requirements in a corporate group eased by recent Full Federal Court decision

In Trident Seafoods Corporation v Trident Foods Pty Ltd, the Full Federal Court of Australia has provided useful guidance on the control of trademark use in a corporate group to ensure the maintenance of registered trademark validity.

03 July 2019

Brands warned of counterfeit apps on Google Play; academic finds trademark protection of little help

A major new study has discovered nearly 50,000 potentially copycat apps on the Google Play store, with 2,000 deemed high-risk. However, the academic behind the study tells WTR that trademark protection is of limited help to combat such a widespread issue.

26 June 2019

Sensis prevents use of SENSES DIRECT mark in Australia

In Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd, the Federal Court of Australia has found that Senses Direct infringed the SENSIS trademark by using SENSES DIRECT in relation to marketing and advertising services.

10 June 2019

Next-generation trademarks: IP Australia on using blockchain to create smart IP rights

In a world first, IP Australia is using blockchain technology to create a “digital representation” of trademark registrations. We speak with the registry’s CIO, Rob Bollard, to find out more.

07 June 2019

Smooth victory for Bega in peanut butter trade dress case against Kraft

A dispute between Bega Cheese and Kraft Foods in Australia has been resolved with the Federal Court awarding Bega the exclusive rights to use a distinctive yellow, red and blue packaging to market its peanut butter.

21 May 2019

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