31 October, 2013

Australian Trade Mark Office Decisions Summary October 2013

Australian Trade Mark Office Decisions Summary October 2013

We have compiled a monthly summary of the most recent Australian Trade Marks Office decisions which provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice.

CorporativoInternacionalMexicano, S. De R.L. De C.V v Intercontinental
Great Brands LLC (formerly Kraft Foods Global brands LLC) [2013]
That’s the way the cookie crumbles.

Opposition to design of an Oreo cookie fails to establish that the cookie will not function as a trade mark (sections 41 and 59).
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Russell Brands LLC v Christopher Russell [2013] ATMO 81

Trade mark for highly stylised RUSSELL & CO may be confused with RUSSELL ATHLETIC (section 60).
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DNA Products Aust Pty Ltd v Botany Essentials Pty Limited [2013]
Your reputation comes from DNA.

Successful opposition to a highly stylised, composite trade mark incorporating DNA, on the reputation within the plain word trade mark DNA (section 60).
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Mastronardi Produce Ltd [2013] ATMO 83 Sour outcome for grape tomatoes.

Application for coined phrase ZIMA denied registration as it has been marketed as a plant variety, not a brand (sections 41 and 43).
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Apple Inc. v Experienced apples Pty Ltd [2013] ATMO 84 Apples to apples comparison.

Apple Inc establish reputation in APPLE to successfully oppose APPLE trade mark (section 60).
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Rare Breed Distilling LLC v Lodestar Anstalt [2013] ATMO 85 WILD GEESE set free.

Long(ish) running dispute sees WILD GEESE trade marks removed for non-use, as owner did not exercise control over user (sections 92 and 101).
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Clinique Laboratories, LLC v Clinique La Prairie Franchising SA [2013]
The ‘cosmocuetical’ expansion

Clinique oppose registration of CLINIQUE LA PRAIRIE for food supplements and mineral waters. Partially successful, application allowed for mineral waters (section 60).
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JLIP, LLC v Greg Weige as trustee for the Jetlev Trust. [2013] ATMO 88 JETLEV won’t fly with this Delegate.

Rare finding of bad faith, where applicant had previously been in negotiations concerning a licensing agreement with opponent regarding same mark (section 62A).
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Erdé SAS v Erdé Trailers Pty. Ltd, Anthony Brown and Godfrey Hill [2013]
You ERDE with your earlier use.

Applicant’s use of opponent’s trade mark helps establish prior use and successful opposition(section 58).
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Société Air France [2013] ATMO 90

Air France ‘stripe’ not sufficiently distinctive and its use only in combination AIR FRANCE Device mark (section 41).
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Beck Hansen v Brauerei Beck GmbH & Co KG [2013] ATMO 91 No ‘Sea Change’ as Beck keeps his trade mark.

Iconic musician Beck fends off non-use removal action against his BECK trade mark (section 92).
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Please feel free to get in touch with one of our trade mark professionals with any questions you may have and you can find out more about the breadth of our trade mark services throughout Australia, New Zealand and the South Pacific here.

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