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.
Perram J has reluctantly found that actual control of the licensee is not necessary and potential control will suffice for authorised use under the Trade Marks Act 1995.
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.
Yates J has held that APP STORE is descriptive, has no capacity to distinguish and is not registrable as a trade mark 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.
Why ZIMA was successfully registered and how to keep it distinctive
Articles on parallel imports published in (2014) 22(1) CCLJ 1, 21 and 39.
Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration
Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.
Perram J has ruled that additional damages can be awarded for conduct occurring before the statutory power was inserted in the Trade Marks Act.