IPwars.com

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.

Should Michelin’s X block Continental’s Xking?

Should Michelin’s “X” trade mark block registration and use of Continental’s “Xking” trade mark for tyres?

similar to or capable of being confused with

Idameneo (No. 789) won its appeal from Symbion. The competing trade marks can be viewed here. The Full Court agreed with the trial judge that the contractual restraint against using: any Mark similar to or capable of being confused with any of the Trade Marks or which contain the words SYMBION imposed a different standard to the trade mark infringement test of substantial identity or deceptive similarity. However, the Full Court did.. Read More

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