McDonald’s trade mark registration for BIG MAC is not infringed by Hungry Jack’s use of the mark BIG JACK according to the Federal Court of Australia decision in McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412. Hungry Jack’s began promoting its BIG JACK burger in March 2020. An example of Hungry …
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Trade mark squatting, where a person registers a trade mark merely to sell for a profit at a later time, is a big issue in China and a headache for many brand owners. It doesn’t occur as frequently in Australia largely due to our first to use regime which differs from China’s first to file …
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An uptick in trade mark applications for virtual goods and services as consumers look to the metaverse to buy luxury products and enjoy virtual experiences illustrates how societal trends can influence trade mark filings. This is no surprise given Metaverse Fashion Week is now an annual event featuring big brands such as Coach, Adidas and …
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The importance of conducting clearance searches prior to launching a new brand or product line has again been highlighted by the decision in The Agency v H.A.S Real Estate. Ultimately the court found that HAS had not infringed The Agency’s trade marks due to a lack of sufficient similarity between the signs as registered and …
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The burden on parties seeking an extension of time to file evidence in trade mark oppositions has been lowered effective 31 July 2023 following an Official Notice issued by IP Australia. The Trade Marks Regulations provide a basis for extensions of time where a party can show that despite making all reasonable efforts to comply …
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The Republic of Peru has appealed a decision from the Australian Trade Marks Office to refuse to grant the country trade mark rights to the word pisco. The Peruvians sought to register the sign PISCO in Australia by filing an application in 2019. The trade mark examiner refused to accept the mark for registration, so …
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American popstar Katy Perry recently lost a trade mark infringement dispute[1] filed in 2019 by Sydney-based fashion designer Katie Taylor. The battle of the Katies started more than 15 years ago: Australian Katie Taylor, born Katie Jane Perry (The Designer) started designing and selling clothes under the brand KATIE PERRY in 2007 and filed a trade …
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An Indian government authority is attempting to secure trade mark rights in Australia for the term BASMATI, in a bid to prevent its use for rice grown outside the country. The Agricultural and Processed Food Products Export Development Authority (the Authority), has sought protection for the term as a geographical indication by way of a …
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Amongst the areas that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 intended to address was an issue that arose from the wording of section 41 of the Trade Marks Act 1995 as originally drafted. This issue was brought to light in the decision of Branson J in Blount Inc v Registrar of Trade …
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Better Beer Co, the brainchild of The Inspired Unemployed and Torquay Beverage Co Pty Ltd, has prevailed in a dispute against Brick Lane Brewing over its carb-free beverage branded Better Beer. Brick Lane Brewing commenced proceedings against Better Beer in 2021 alleging that the promotion and sale of Better Beer in a get-up similar to …
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