IPwars.com

Mainly intellectual property (IP) issues Down Under

ALDI lookalike survives moroccanoil, but is not natural

Aldi’s Moroccan Argan Oil lookalikes don’t infringe MIL’s trade marks or pass off, but made misleading performance claims and to be natural

Government consultation papers on patent and trade marks

IP Australia has published 5 consultation papers on how to implement some of the Productivity Commission’s recommendations accepted by the Government

A real estate franchise agreement

The Court of Appeal has ruled that Century 21 Australia and VRG were parties to a franchise agreement for the purposes of the Estate Agents Act 1980 (Vic.)

Shape not misleading

In adopting its new name, Shape Australia did not misrepresent that it was associated in some way with Shape Shopfitters or pass off the latter.

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?

Pham Global 2: the new law of substantial identity

The Full Court also indicated a substantially expanded role for the test of substantial identity in stating that Pham Global’s trade mark was substantially identical with Insight Clinical’s.

Don’t file in the wrong applicant’s name

Filing a trade mark application by the wrong person invalidates the resulting registration

Print outs of third party websites ruled inadmissible

Mortimer J has ruled that print outs of third party websites are inadmissible as hearsay and, if not, excluded under s 135 of the Evidence Act as unduly prejudicial.

Accor gets its trade marks back

The Full Court has allowed Accor’s appeal for a decision expunging one of its trade marks and removing some of the services from others

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