Consumer, Food & Retail Archives - Page 5 of 16

1st Apr 2020

Malaysia update: a “royal” appeal – court of appeal reverses high court’s decision on infringement of “royal expert white”

In Nor Yanni bt Adom & Anor v Ortus Expert White 1 MLJ 101, the Appellants (the Defendants in the High Court proceeding) appealed against the decision of the High Court in...

In Nor Yanni bt Adom & Anor v Ortus Expert White 1 MLJ 101, the Appellants (the Defendants in the High...

12th Feb 2020

When does use on a website infringe an Australian Trade Mark registration?

Lamont v Malishus & Ors (No.4) FCCA 3206 On 14 November 2019, Manousaridis J of the Federal Circuit Court handed down his decision in the trade mark dispute over use...

Lamont v Malishus & Ors (No.4) FCCA 3206 On 14 November 2019, Manousaridis J of the Federal Circuit Court handed...

12th Feb 2020

Establishing trade mark ownership in Australia – EZ does (not do) it

MS Marketing Inc. v EZ Imports Pty Ltd ATMO 159 (8 November 2019) The Issue Competing companies separately engaged the services of the same Chinese contract manufacturer to produce a range...

MS Marketing Inc. v EZ Imports Pty Ltd ATMO 159 (8 November 2019) The Issue Competing companies separately engaged the services...

18th Dec 2019

IDR 3.5 trillion dispute behind the Sushi Tei Indonesia restaurant brand

SUSHI TEI is a famous Japanese cuisine restaurant chain from Singapore, ubiquitous to Jakarta’s shopping malls. PT Sushi Tei Indonesia was established in April 23, 2003 with Kusnadi Rahardja as President Director...

SUSHI TEI is a famous Japanese cuisine restaurant chain from Singapore, ubiquitous to Jakarta’s shopping malls. PT Sushi Tei Indonesia was established...

18th Dec 2019

Additional damages for trade mark infringement in Australia – lessons from the MALISHUS decision

Lamont v Malishus & Ors (No.4) FCCA 3206 (14 November 2019) The case was heard by the Federal Circuit Court of Australia, a lower level court with jurisdiction to hear trade mark infringement...

Lamont v Malishus & Ors (No.4) FCCA 3206 (14 November 2019) The case was heard by the Federal Circuit Court of Australia,...

18th Dec 2019

Energy Beverages LLC v Cantarella Bros Pty Ltd [2019] ATMO 150

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans; chocolate” goods in class 30 and “coffee roasting; coffee grinding” services in...

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans;...

2nd Dec 2019

Trade Marks and “style names” – can you tell the difference?

Pinnacle Runway Pty Ltd v Triangl Limited FCA 1662 (10 October 2019) Question: When is a name that is used to distinguish, not being used to distinguish? Answer: When it is a...

Pinnacle Runway Pty Ltd v Triangl Limited FCA 1662 (10 October 2019) Question: When is a name that is used to...

24th Oct 2019

Case Note: Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)

In a recent decision, the Federal Court of Australia found that the name given to a style of bikini was not a trade mark. Pinnacle Runway Pty Ltd (“Pinnacle”) owns Australian trade mark...

In a recent decision, the Federal Court of Australia found that the name given to a style of bikini was...

23rd Oct 2019

MALAYSIA: Court Rules ‘Lip Tattoo’ Is Not Generic Phrase

In Shizens Cosmetic Marketing (M) Sdn Bhd v. LVMH Perfumes and Cosmetics (M) Sdn Bhd, Civil Suit No: WA-24IP-21-11/2017 (Mar. 19, 2019), the plaintiff is the owner of trademark Registration...

In Shizens Cosmetic Marketing (M) Sdn Bhd v. LVMH Perfumes and Cosmetics (M) Sdn Bhd, Civil Suit No: WA-24IP-21-11/2017 (Mar....

11th Sep 2019

Trident Appeal – “Unity of Purpose” sufficient for authorised use of trade mark in corporate group

In Trident Seafoods v Trident Foods Pty Ltd, the Full Federal Court examined the issue of whether use of a registered trade mark by the parent company of the registered...

In Trident Seafoods v Trident Foods Pty Ltd, the Full Federal Court examined the issue of whether use of a...

9th Sep 2019

Rugby World Cup: Advances in rugby balls

It’s time to talk of mice and McCaw. While that Richie won’t be playing in 2019 edition of the Rugby World Cup soon to be held in Japan, it...

It’s time to talk of mice and McCaw. While that Richie won’t be playing in 2019 edition of the...

13th Aug 2019

Repaired or Remade? Refurbished Printer Cartridges Found to Infringe Patent

In the appeal decision of Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 the Full Federal Court of Australia found that refurbished printer cartridges infringed an Australian...

In the appeal decision of Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 the Full Federal Court...