IPwars.com

Mainly intellectual property (IP) issues Down Under

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

auDRP Overview

Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.

Additional damages are procedural …

Perram J has ruled that additional damages can be awarded for conduct occurring before the statutory power was inserted in the Trade Marks Act.

More contempts

Besanko J has imposed fines ranging from $25,000 to $2,000 on Bob Jane and his companies for contempt of TM infringement injunctions

Carving up an uncertified halal butcher

Perram J has awarded $10 nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.