Trade Marks articles

• Is “Nuckin Futs” too scandalous to be a registered trade mark? | Legal briefing

  25 Jan 2012 - The Australian Trade Marks Office has determined that an application for the trade mark "Nuckin Futs" is registr…

• Admissibility of survey evidence: Pacific Brands penalised for ignoring Court procedure | Legal briefing

  24 Jan 2012 - Adidas AG v Pacific Brands Footwear Pty Ltd [2011] FCA 1205 The Federal Court of Australia has dismissed an applicatio…

• Symbion undone by Full Court's "ordinary person" approach to comparison of trade marks | Legal briefing

  10 Jan 2012 - The Full Court of the Federal Court of Australia has overturned the trial Judge's decision in Symbion Pharmacy Service…

• Qantas successfully opposes registration of "Flying Kangaroo" wines–without a trade mark | Legal briefing

  13 Dec 2011 - QANTAS Airways Limited v Danniel Amadio [2011] ATMO 84 (25 August 2011) Qantas has successfully opposed an application…

• auDA streamlines domain name transfers; transfer of new domains now faster | Legal briefing

  23 Nov 2011 - On 10 November, 2011 the .au Domain Administration Limited (auDA) implemented the recommendations of the Secondary Market…

• When a sign is part of the common heritage … or not? | Legal briefing

  24 Oct 2011 - Opposition by Mantra IP Pty Ltd to registration of trade mark applications filed in the name of Carmeline Assey1 Mantr…

• Trade mark application for "Ghost Rider" made in bad faith | Legal briefing

  12 Oct 2011 - The Australian Trade Marks Office recently issued an interesting decision—Marvel Characters, Inc v Gary Charles (Unr…

• Protecting brands on Google: a practical guide | Legal briefing

  06 Oct 2011 - Ensuring visibility on search engines’ result pages has become a core component of any online marketing strategy. Co…

• False “Australian Made” claims cost internet retailer of Chinese ugg boots | Legal briefing

  21 Sep 2011 - An online retailer of iconic ugg boots has been penalised for $430,000 by the Federal Court after falsely and misleadingly…

• Tobacco plain packaging reforms: what they mean for Australian trade mark law and our international obligations | Legal briefing

  21 Sep 2011 - The government's legislation relating to plain packaging for tobacco products proceeded to its second reading before t…

• Scandalous trade marks: did POMMIEBASHER cross the line? | Legal briefing

  13 Sep 2011 - The Australian Trade Marks Office has ruled that the POMMIEBASHER mark is registrable as it is not a scandalous mark. The…

• Domain name update: new Top Level Domains (TLDs) spaces coming soon | Legal briefing

  08 Sep 2011 - .XXX Domain Space ICANN has approved the .XXX top level domain ("TLD") which is intended specifically for me…

• Computer says “no”: Apple denied injunction against Amazon's use of AppStore mark | Legal briefing

  30 Aug 2011 - In March this year, Apple Inc brought proceedings against Amazon Inc and Amazon Digital Services, Inc (together, Amazon) f…

• Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 introduced into the Senate | Legal briefing

  08 Aug 2011 - On 22 June 2011 the much anticipated "Raising the Bar Bill" was introduced into the Senate. The stated aim of th…

• Changes to the Australian Trade Marks Act 1995 | Legal briefing

  19 Jul 2011 - Since June 2009, IP Australia has been working towards reforming case management for trade mark oppositions. The Bill cont…

• Trade mark owners beware: unsolicited documents resembling invoices | Legal briefing

  19 Jul 2011 - The number of unsolicited documents offering what appears to be registration, renewal or monitoring services to trade mark…

• Davies Collison Cave 2011 staff appointments | DCC news

  06 Jul 2011 - The partners of Davies Collison Cave are pleased to announce the following appointments effective 1 July 2011 and the arri…

• Launch of .XXX domain names: how to protect your brands | Legal briefing

  25 Jun 2011 - The .XXX domain name space was created for the adult entertainment industry and the provision of sexually orientated onlin…

• Primo beer mark refused registration in NZ; likely to "deceive or cause confusion" with Primo milk | Legal briefing

  24 Jun 2011 - Pabst Brewing Co. v. New Zealand Milk Brands Ltd [2011] NZIPOTM 3 (Mar. 30, 2011) Pabst Brewing Company applied to regist…

• IP Update - June 2011 Issue 12 | e-Publication

  21 Jun 2011 - Foreword In this edition of IP Update we provide commentary on several recent Australian Federal Court decisions th…

• DCC recognised by the World Trademark Review 1000 | DCC news

  20 Jun 2011 - Davies Collison Cave's reputation as one of Australia's most experienced and highly-regarded Patent and Trade Mark…

• A popular product doesn’t always mean a famous trade mark | Legal briefing

  17 Jun 2011 - The case of Hills Industries Ltd v Bitek Pty Ltd1 In a trade mark dispute spanning more than six years, brown-goods di…

• Federal Court: trade mark licence restraints can be wider than Trade Marks Act deceptive similarity | Legal briefing

  14 Jun 2011 - Symbion Pharmacy Services Pty Ltd v Idameneo (No. 789) Limited [2011] FCA 389 The Federal Court has held that a contra…

• Fashion designer Peter Morrissey refused trade mark registration for his own name by Trade Marks Office | Legal briefing

  02 Jun 2011 - M Webster Holdings Pty Ltd v Peter Morrissey Pty Ltd [2011] ATMO 23 The Australian Trade Marks Office has refused an a…

• Federal Court: trade mark licence restraints can be wider than Trade Marks Act deceptive similarity | Legal briefing

  23 May 2011 - Symbion Pharmacy Services Pty Ltd v Idameneo (No. 789) Limited [2011] FCA 389 The Federal Court has held that a contra…

• DCC hosts Aussie BBQ at the International Trademark Association (INTA) Annual Meeting | DCC news

  19 May 2011 - The 2011 International Trademark Association (INTA) Annual Meeting took place in San Francisco from May 14 - 18. The e…

• Does a recent NZ trade mark revocation decision raise the bar too high for removal applicants? | Legal briefing

  11 Apr 2011 - Tui Ag v DB Breweries Limited [2010] NZIPOTM 31 A recent decision by the Intellectual Property Office of New Zealand1…

• Wild Turkey’s goose chase: Court discretion keeps competitor’s trade mark on the register | Legal briefing

  06 Apr 2011 - Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39 In the latest Australian chapter of a long-running, inte…

• Woolworths' "Honest to Goodness" campaign survives balancing act | Legal briefing

  04 Apr 2011 - In Organic Marketing Australia Pty Ltd v Woolworths Ltd [2011] FCA 2791, Katzmann J refused the application by Organic Mar…

• The Anti-Counterfeiting Trade Agreement finally unveiled | Legal briefing

  02 Apr 2011 - On 16 November 2010, the Australian Minister for Trade, the Honourable Dr Craig Emerson MP, announced that after three yea…

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