Trade Marks articles

• TiVo successful in Australian trade mark dispute: "Vivo" held to be deceptively similar | Legal briefing

  04 May 2012 - TiVo Inc v Vivo International Corporation Pty Ltd [2012] FCA 252 In a decision that canvasses and helpfully clarifies…

• Google found liable for misleading and deceptive representations in AdWords sponsored links | Legal briefing

  04 May 2012 - ACCC v Google Inc [2012] FCAFC 49 The Full Federal Court has unanimously held that search giant Google engaged in &lsq…

• Revocation of acceptance of trade marks – a powerful tool | Legal briefing

  03 May 2012 - 1-800-FlowersCom, Inc v Registrar of Trade Marks [2012] FCA 209 A recent Federal Court decision has confirmed that the…

• AFL's Melbourne Football Club logo challenged by sports historian for factual inaccuracies | Legal briefing

  23 Apr 2012 - In an unusual case before the Australian Trade Marks Office, a Tasmanian amateur historian, Mr Ross Smith, has opposed the…

• Seizing counterfeit goods in transit: Brand owners must show suspected diversion to EU | Legal briefing

  17 Apr 2012 - Koninklijke Philips Electronics NV v Lucheung Meijing Industrial Company Ltd (C-446/09) Nokia Corporation v Her Majesty&…

• Australia’s Raising the Bar Act becomes law: 12 ways patent applicants should prepare | Legal briefing

  17 Apr 2012 - The Intellectual Property Laws Amendment (Raising the Bar) Act 2011 received Royal Assent on 15 April 2012, and as such mo…

• Peter Huntsman steps down as International President of FICPI; named President of Honour | DCC news

  16 Apr 2012 - This week Melbourne has the privilege of hosting the World Congress for the Bureau of the Fédération Interna…

• How scandalous is too scandalous for the Australian Trade Marks Office? | Legal briefing

  28 Mar 2012 - Over recent years, the Australian Trade Marks Office has had to consider a handful of potentially "scandalous" t…

• IP Update - March 2012 Issue 15 | e-Publication

  28 Mar 2012 - Foreword Welcome to the first edition of the IP Update for 2012. In this edition of the IP Update we discuss a nu…

• Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 passed by Parliament | Legal briefing

  21 Mar 2012 - A bill which substantially reforms Australia's intellectual property laws was passed unamended by the House of Represe…

• UCP Gen Pharma's "Revasc" pharmaceutical trade mark to remain on register | Legal briefing

  20 Mar 2012 - UCP Gen Pharma AG v Mesoblast Inc [2012] FCA 210 On 15 March 2012, Justice Jessup of the Federal Court of Australia ex…

• Full Court exercises its discretion to order removal of Wild Geese trade mark | Legal briefing

  16 Mar 2012 - Austin, Nichols & Co Inc v Lodestar Anstalt [2012] FCAFC 8 ("Austin Nichols v Lodestar") The Full Court…

• Domain name update: gTLD deadlines, .XXX cancellations and new rules for for .PT registrations | Legal briefing

  16 Mar 2012 - New generic top level domains (gTLDs) deadline looms On 12 January 2012, Internet Corporation for Assigned Names and N…

• Sydney restaurant re-ordered to cease using Heston Blumenthal's "Fat Duck" | Legal briefing

  05 Mar 2012 - SL6 Limited v Fat Duck Pty Ltd [2012] FCA 71 A recent decision by the Federal Court of Australia involving the owners…

• Extension denied in NZ trade mark opposition: holiday delays not sufficiently "exceptional" | Legal briefing

  29 Feb 2012 - Epoch Company Ltd v Flowil International Lighting (Holding) B V [2011] NZIPOTM 38 This recent New Zealand trade mark o…

• Australia's new national business name register: what you need to know | Legal briefing

  24 Feb 2012 - Overview A new national business name registration system was approved by the Council of Australia Governments (COAG)…

• 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…

• Domain names in hot water | Legal briefing

  14 Dec 2011 - Solahart Industries Pty Ltd v Solar Shop Pty Ltd [2011] FCA 700 Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No. 3)…

• 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…

• What cost Australian trade mark opposition reform? | Legal briefing

  31 Oct 2011 - Times are changing for Australia’s opposition process, and it may cost more than small change for those involved in…

• 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…

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