Consumer, Food & Retail Archives - Page 3 of 16

13th Apr 2021

PM-International AG v Jeunesse Global Holdings LLC ATMO 1 (5 January 2021) In the first Australian Trade Marks Office decision for 2021, Hearing Officer Debrett Lyons looked at deceptive...

PM-International AG v Jeunesse Global Holdings LLC ATMO 1 (5 January 2021) In the first Australian Trade Marks Office...

13th Apr 2021

Mother of a trade mark dispute continues with removal of Energy Beverages’ registration

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an ongoing dispute, Cantarella Bros Pty Limited applied to remove the...

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an...

29th Mar 2021

Australian Trade Marks Full Federal Court Decision – VAGISIL v VAGISAN

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel FCAFC 8 Following on from our previous article, in a successful appeal by Combe International Ltd, the...

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel FCAFC 8 Following on from our previous...

27th Jan 2021

“Urban Ale” Trade Mark Registration Cancelled for Descriptiveness

Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd FCAFC 186 (4 November 2020) The Full Federal Court has upheld the primary judge’s decision to cancel Urban Alley...

Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd FCAFC 186 (4 November 2020) The Full Federal Court...

25th Jan 2021

In-N-Out make mincemeat of Hashtag Burgers

In Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc, FCA 235 the Full Federal Court of Australia considered appeals against the In-N-Out Burgers, Inc v Hashtag Burgers Pty...

In Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc, FCA 235 the Full Federal Court of Australia considered...

24th Nov 2020

Malaysia: Court of Appeal grants pre-emptive non infringement declaration under the “own name doctrine”

This article looks at the recent decision by the Court of Appeal (“COA”) Malaysia in Diesel S.P.A v Bontton Sdn Bhd (Civil Appeal No: W-02-(IPCV)(A)-1594-08/2016). Background The Appellant, Diesel S.P.A. is...

This article looks at the recent decision by the Court of Appeal (“COA”) Malaysia in Diesel S.P.A v Bontton...

24th Nov 2020

Singapore: Where “Champengwine” is not a misuse of geographical indication, but is still blocked by “Champagne”

This article looks at the recent decision by the Intellectual Property Office of Singapore (IPOS) in the Matter of a Trade Mark Application by Keep Waddling International Pte. Ltd....

This article looks at the recent decision by the Intellectual Property Office of Singapore (IPOS) in the Matter of...

21st Oct 2020

Brand Protection and Criminal Offences

As IP practitioners, you have probably noticed counterfeit watches being sold at local markets, sometimes hidden from immediate view by the seller. Over the past ~30 years, growth in...

As IP practitioners, you have probably noticed counterfeit watches being sold at local markets, sometimes hidden from immediate view...

20th Aug 2020

Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020)

In the recent decision of Ceramiche Caesar S.p.A. V Caesarstone Ltd FCAFC 124 (28 July 2020) the Full Federal Court decided that the primary judge had erred in finding “honest...

In the recent decision of Ceramiche Caesar S.p.A. V Caesarstone Ltd FCAFC 124 (28 July 2020) the Full Federal Court...

6th Aug 2020

Court of Appeal reverses High Court’s decision and allows the expungement of “Huan Zhai Jin” trade marks

This article looks at the recent decision by the Court of Appeal (“COA”) Malaysia in Ooi Siew Bee (Trading under the Name And Style Syarikat Perniagaan Eng Leong) &...

This article looks at the recent decision by the Court of Appeal (“COA”) Malaysia in Ooi Siew Bee (Trading...

6th Aug 2020

Battle of the IRON CHEF trade marks

Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107 (18 June 2020) This decision concerns an opposition by Fuji Television Network Inc (“Fuji Television”) to an...

Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107 (18 June 2020) This decision concerns an...

6th Aug 2020

Costs consequences for not following the “rules” in a trade mark opposition

Monster Energy Company v Mixi, Inc NZIPOTM 10 This decision reminds parties in an opposition to “follow the rules” when filing evidence and complying with pre-hearing directions or risk...

Monster Energy Company v Mixi, Inc NZIPOTM 10 This decision reminds parties in an opposition to “follow the rules”...