IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

On the Contour of things

Further to my earlier post, Amanda Scardamaglia has a detailed consideration of the issues raised by Coca Cola’s pleading in the battle of the bottle shapes against Pepsi.

Kit Kat shape trade mark

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Nestlé has successfully appealed Aldi’s opposition to registration of a 4 bar Kit Kat as a trade mark: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 The trade mark is TM No. 822780 for this: The endorsement reads: The trade mark consists of the shape of the goods, being four bars attached to one another by a thin base as depicted in the representations.. Read More

Shape and colour trade marks

Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the.. Read More

Sea-horse shaped chocolate not a trade mark

Having secured an International Registration, Guylain tried to register a chocolate in this shape as a trade mark in Australia through the Madrid Protocol (TM App 936483). Sundberg J, on appeal from the Registrar’s refusal, has also rejected it as incapable of distinguishing Guylain’s goods (pralines and chocolate, to be precise) under s 41. Not inherently adapted — enough First, Sundberg J was satisfied that the sea-horse shaped chocolate was.. Read More