Anita Brown, over at IPanz, reports on Cowdroy J’s exercise of discretion to leave the Wild Geese trade mark for whiskey on the Registrar, even though non-use throughout the relevant statutory period was proved, on the basis of the perceived risk of public confusion.
His Honour also addressed the standing requirement for a non-use action.
His Honour’s reasons in full:
Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39
