Region: Australia

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

Keeping trademarks ‘fresh’: the onus is on the opponent

This decision of the Federal Court of Australia demonstrates that unused marks can be successfully defended against non-use removal in certain circumstances.

24 November 2021

Spruson & Ferguson Australia becomes country’s largest IP firm as combination confirmed

In a major move, Shelston IP and Spruson & Ferguson have officially joined forces to create Spruson & Ferguson Australia.

01 November 2021

Reckitt Benckiser obtains interim injunction against competitor - even though prima facie infringement case was not strong

New market entrants should be wary that the balance of convenience is likely to weigh heavily in favour of an incumbent trademark owner with significant reputation in Australia, as demonstrated by this dispute between competitors in the dishwasher tablet market.

01 October 2021

A different finding by the Full Court: PROTOX found to infringe BOTOX mark

The Full Court of the Federal Court of Australia has overturned the first-instance decision in this dispute between Allergan - the owner of the BOTOX mark - and Self Care over the latter’s use of the mark PROTOX.

24 September 2021

USPTO trademarks on sale as NFTs; thousands of duplicate filings in China; Australia joins DesignView – news digest

In our latest round-up, we look at Nordstrom trimming its private portfolio to strengthen brands, Firefly becoming the North America licensing agency for Pan Am, and much more.

14 September 2021

Caterpillar v Puma: battle of the big cats

The Federal Court of Australia has refused the registration of sporting company Puma’s PROCAT mark, concluding that its use would be likely to cause confusion with heavy equipment manufacturer Caterpillar’s CAT mark.

14 September 2021

WICKED v WICKED SISTER: Full Court confirms no statutory infringement by a party that has not used, but has authorised use of, a trademark

Australia’s Full Federal Court has confirmed that a trademark owner that merely authorises use of its trademark cannot be subject to liability for direct trademark infringement.

09 September 2021

Manuka honey clarified in trademark opposition

The New Zealand body representing a group of ‘manuka’ honey producers has failed to prevent an Australian producer from registering a trademark containing the words ‘Australian manuka’ for honey.

01 September 2021

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