Mainly intellectual property (IP) issues Down Under

The word yellow is descriptive of online directories

The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.

Little Brown Balls Bounced Again

Jessup J has ruled that MALTITOS may be registered for confectionary in the face of MALTESERS

Interlocutory Injunction to transfer domain name

Nicholas J has granted Thomas International an interlocutory injunction ordering Humantech to transfer the domain names, thomasinternational.com.au and thomas.co.za, to Thomas International. Thomas International had to give the usual undertakings and, as a foreign corporation, provide security for costs.

What constitutes authorised use of a trade mark?

Perram J has reluctantly found that actual control of the licensee is not necessary and potential control will suffice for authorised use[3] under the Trade Marks Act 1995.

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.

Apple can’t register APP STORE as a trade mark in Australia

Yates J has held that APP STORE is descriptive, has no capacity to distinguish and is not registrable as a trade mark in Australia

ORO and CINQUE STELLE are registrable as trade marks for coffee in Australia

The High Court rules that ORO and CINQUE STELLE are inherently adapted to distinguish coffee and so registrable as trade marks in Australia.

ZIMA trade mark again

Why ZIMA was successfully registered and how to keep it distinctive

Parallel imports

Articles on parallel imports published in (2014) 22(1) CCLJ 1, 21 and 39.

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