Consumer, Food & Retail – Page 5

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....

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...

25th Jul 2019

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 clarifies the position on an area of law that,...

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation FCAFC...

26th Apr 2019

Australian Rugby League Commission – protecting its brands and golden history through IP

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”. Spruson & Ferguson and Spruson & Ferguson Lawyers, congratulate...

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”....

4th Apr 2019

Singapore Update – Clothing Brand Guess Fails to Prevent Registration of a “HATER”

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed by Jen Chi for goods in Class 25 (clothing). One...

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed...

4th Apr 2019

Gin, the best medicine

E&J Gallo Winery v Kristy Booth ATMO 2 In this matter, the opponent, E&J Gallo, opposed registration of the trade mark APOTHECARY GIN, which had been applied for by...

E&J Gallo Winery v Kristy Booth ATMO 2 In this matter, the opponent, E&J Gallo, opposed registration of the...

4th Apr 2019

Meet the FOKKERs

Fokker Brothers Limited v Fokker Brothers Inc Limited NZIPOTM 2 An application was filed by Fokker Brothers Inc Limited (the Revocation Applicant) to revoke New Zealand Registration No. 743062...

Fokker Brothers Limited v Fokker Brothers Inc Limited NZIPOTM 2 An application was filed by Fokker Brothers Inc Limited...