IPwars.com

Mainly intellectual property (IP) issues Down Under

Zima is a registrable trade mark

Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration

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 residential apartments, a retail shopping plaza and a resort / conference complex. In addition to operating the resort/conference.. Read More

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 1984 in California although in time its business expanded and in 1994 it went on line. Eventually, its.. Read More

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 African plant. IPKat has a good overview, with links to earlier stages in the dispute, here. Case C?38/09.. Read More