The Full Court has dismissed Chemist Warehouse’s appeal from Middleton J’s ruling that the get up of Direct Chemist Outlet’s stores did not “pass off” on Chemist Warehouse’s get up
The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.
Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration
Mr Spagnuolo has been granted “special” leave to appeal to the Full Court from Reeves J’s dismissal of his opposition to Mantra registering Q1 for a range of accommodation, travel and holiday services. Some background Q1 is another one of those “iconic” high rise apartment buildings on the Gold Coast. Its 78 levels boast 526 residential apartments, a retail shopping plaza and a resort / conference complex. In addition to.. Read More
Dodds-Streeton J has handed down what appears to be the first detailed judicial consideration in Australia of what constitutes making an application for a trade mark in bad faith contrary to s 62A. Sports Warehouse Inc. and Fry both sell tennis products online using trade marks based on TENNIS WAREHOUSE. Sports Warehouse started first, in 1984 in California although in time its business expanded and in 1994 it went on.. Read More
The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic testing, including travel to South Africa, the EU regulatory authorities have determined the variety the subject of the application is not distinct from a common South African plant. IPKat has a good overview, with links to earlier stages in the dispute,.. Read More