IPwars.com

Mainly intellectual property (IP) issues Down Under

Shape shopped

Mortimer J has dismissed Shape Shopfitters claims against Shape Australia for misleading or deceptive conduct, passing off and trade mark infringement – a look at the trade mark infringement case.

Pham Global 2: the new law of substantial identity

The Full Court also indicated a substantially expanded role for the test of substantial identity in stating that Pham Global’s trade mark was substantially identical with Insight Clinical’s.

Little Brown Balls Bounced Again

Jessup J has ruled that MALTITOS may be registered for confectionary in the face of MALTESERS

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.

When do 4 stripes infringe 3?

adidas has successfully sued Pacific Brands for infringing its “3 stripes” trade mark through the sale of three styles of shoes with 4 stripes; but failed in respect of six other styles. ….

Superman KOs “superman workout”

DC Comics, the owner of rights to the, er, man of steel character, has successfully blocked an attempt the register “superman workout” for “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” in class 41. It did have to appeal from the Registrar of Trade Marks to the Federal Court and it did not win for the reasons you might think. Like the Registrar, Bennett.. Read More

High Court allows appeal in Barefoot case

E & J Gallo owns TM No 787765, BAREFOOT, for “wines” in class 33. It had acquired ownership of the trade mark by assignment in 2005 from a Mr Houlihan. Lion Nathan introduced a new beer into Australia under the trade mark BAREFOOT RADLER (with a barefoot device): The Full Federal Court found that Lion’s beer infringed Gallo’s trade mark as goods of the same description, but ordered the trade.. Read More

Health World v Shin Sun – round 563?

This round of the litigation raise the question ‘Who is a person aggrieved for the purposes of seeking revocation of a registered trade mark?’ Health World isn’t, at least when it comes to Shin Sun’s registration. Health World uses and has registrations for INNER HEALTH PLUS in respect of probiotic capsules and has a registration for ‘Pharmaceutical preparations; dietetic substances adapted for medical use; products in this class sold by.. Read More

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