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
An exposure draft of legislation to rationalise, simplify and de-anomalies Australia’s IP laws. And some other things.
Here is a selection of links to IP-related matters I found interesting this week:
If you need authority for the proposition that registering a trade mark, or enforcing the rights under the registration, does not necessarily mean you are carrying on business in Australia, Besanko J may help you out.