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.


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

How much reputation is enough?

The Full Court has allowed Hansen’s appeal from the dismissal of its trade practices/passing off action against Bickford’s Monster Energy drinks. Before the trial judge, it was conceded that Bickford’s get up would be confusingly similar to Hansen’s, but the trial judge found that Hansen did not have sufficient reputation with the public in Australia to found its claim. Hansen had never traded here nor sold its energy drinks here… Read More

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