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
IP Australia has published 5 consultation papers on how to implement some of the Productivity Commission’s recommendations accepted by the Government
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.)
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.
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” trade mark block registration and use of Continental’s “Xking” trade mark for tyres?
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.
Filing a trade mark application by the wrong person invalidates the resulting registration
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.
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