IPwars.com

Mainly intellectual property (IP) issues Down Under

Bohemia Crystal shattered

Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”.

CLIPSO CLIPSAL-ed

CLIPSO trade mark is expunged in the face of CLIPSAL in a segmented market

$3 million!

Valve has been fined $3 million for contraventions of the Australian Consumer Law consumer guarantees

Pacific (f)ale

Moshinsky J has rejected Stone & Wood’s attempt to block Thunder Road Pacific Ale and, instead, ruled that Stone & Wood made unjustified threats of trade mark infringement.

Nappyland, Nappy Land and napplyland.com.au

A registered trade mark does not always trump passing off or a claim for contravention of the Australian Consumer Law.

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: did not “pass off”[2] REA Group’s logos: Nor did they infringe REA Group’s registered trade.. Read More

Winnebago loses half an appeal

The Full Court has partially allowed an appeal from Foster J’s decision to order Knott Investments to stop using the Winnebago trade marks for “campers” or RVs not made by Winnebago. As a result, Knott can continue to use “Winnebago” if it can make it clear it is not associated with the Winnebago company. Some facts From about 1959, Winnebago had been making and selling its RVs under that brand.. Read More

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