PLAYGRO v PLAYGO Well, you’ll never guess what? It turns out that: is deceptively similar to: No April Fool’s. Now, maybe some of you (like me) are thinking, “Wait a minute, there must be ‘gazillions’ of trade marks for toys with PLAY in them. That’s true, but the second syllables of the verbal elements are just too close, both visually and aurally. As Moshinsky J explained: In my view, the.. Read More
Australia Wins Philip Morris’ Challenge Against tobacco plain packaging
Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s
An authorised user can sue for infringement without waiting for the registered owner’s failure to sue first.
Allsop CJ has held that Trojan’s repackaging of genuine cigars to meet Australia’s plain packaging laws is legitimate under the Trade Marks Act.
The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.
Jessup J has ruled that MALTITOS may be registered for confectionary in the face of MALTESERS
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.