Trade mark excellence

When choosing a trade mark, choose something allusive or suggestive: The owner of Dental Excellence loses his trade mark registration in a fight against south perth dental excellence

Bugatchi gets Bugatti-ed

While I thought that Buagatti was a car brand, it turns out it is (also) since 1989 a registered trade mark in Australia for,amongst other things, men’s clothing. Originating in Canada, there is also a line of men’s clothing under the label BUGATCHI UOMO. Products bearing this brand have been coming into Australia since 1991. Shine Forever, however, has been importing the line since 2010. Tracey J has ruled that Shine Forever has been infringing the BUGATTI trade mark.

Affinage and A.S.P. 2

For completeness, I should note that IHC UK has appealed Logan J’s decision earlier this month finding that it infringed IHC Australia’s registered trade mark for AFFINAGE. Summary here. Interestingly, Logan J has granted a stay of his order to remove all references to A.S.P. from IHC UK’s Web site at www.affinage.com. You will recall that […]

Using a sign on the internet

Logan J has granted injunctions against International Hair Care UK’s  use of AFFINAGE (and other trade marks) on its global website for (in effect) infringing International Hair Care Australia’s trade marks registered in Australia. The facts throw up the interesting question of what happens when 2 different people own the same trade mark in different […]

A case of (un) parallel imports

BTB holds a licence to make and sell “Greg Norman” branded clothing in India from Greg Norman Collection Inc (GNC). GNC is the “head licensor” of the “Greg Norman” trade marks registered in, amongst other places, India and Australia. By clause 2.4 of the licence agreement, BTB agreed not to sell the branded clothing it […]

Appeal sinks luscious LIPS

One month after the appeal was heard, the Full Court has rejected Nature’s Blend’s appeal that Nestlé used Luscious Lips as a trade mark. Nature’s Blend argued first that the trial judge had wrongly focused on the character of Nestlé’s use instead of the proper meaning of the Nature’s Blend mark. As the mark was […]

Kit Kat shape trade mark

Nestlé has successfully appealed Aldi’s opposition to registration of a 4 bar Kit Kat as a trade mark: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 The trade mark is TM No. 822780 for this: The endorsement reads: The trade mark consists of the shape of the goods, being […]

Luscious Lips confectionary

Sundberg J has dismissed Nature’s Blend’s action against Nestlé for infringement of its LUSCIOUS LIPS trade mark, passing off and misleading or deceptive conduct by selling Allens RETRO PARTY MIX. Nature’s Blend, which was principally a supplier of veterinary products registered LUSCIOUS LIPS in respect of confectionery. Initially, at least, it gave chocolates away branded with […]

Maltesers v Delfi malt balls

Mars’ appeal against the rejection of its claims of trade mark infringement and misleading or deceptive conduct have been tersely rejected. Images of the product Mars complained about here. The Full Court noted: 9     It is not in dispute that the evidence established that: •    confectionary is commonly packaged in primary colours and that […]

What’s use of a trade mark in Australia

Bausch & Lomb were distributing an ophthalmic irrigating solution in Australia in bottles like this: The bottles themselves were packaged in cardboard boxes which did not have “BSS” on them and the products were distributed to hospitals and the like. Alcon, however, has BSS registered as a trade mark in class 5 for such products. […]