Q1?

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 […]

Registering a trade mark in bad faith

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 […]

Plant breeder’s rights in the EU

The European Court of Justice has dismissed Ralf Schr├Ąder’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 […]