Wild Geese survive Wild Turkey attack
Anita Brown, over at IPanz, reports on Cowdroy J’s exercise of discretion to leave the Wild Geese trade mark for whiskey on the Registrar, even though non-use throughout the relevant statutory period was proved, on the basis of the perceived risk of public confusion.
His Honour also addressed the standing requirement for a non-use action.
His Honour’s reasons in full:
Austin, Nichols & Co Inc v Lodestar Anstalt  FCA 39