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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Steinlager markets itself as New Zealand’s finest beer, but its foray into a Japanese style frothie fell a little flat after a trade mark challenge from Asahi Beverages. Lion NZ Ltd launched TOKYO DRY, as part of its Steinlager range in NZ in November 2016. For those beer lovers among us, the brew was described …
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The United States Golf Association (USGA) has been left to green and bear a decision from the Australian Trade Marks Office. The Office ruled that its Australian trade mark application for HANDICAP INDEX was not up to par, with the term found not to be capable of distinguishing USGA’s claimed services, “handicapping for sporting events, …
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Monster Energy Company and its wholly owned subsidiary Reign Beverage Company LLC, (collectively, the Opponents) opposed an application for a device mark in the name of Cheng Shin Rubber co., Ltd. The opposed application was in relation to tires and tire tubes for vehicles, as well as a broad range of other vehicle-related goods.[1] The …
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Business is all about relationships, as they say, and as the decision in Watson v Cosmetic Warriors[1] has shown, relationships can impact how a business can defend its trade mark in a non-use removal action. Watson v Cosmetic Warriors was an appeal from a Registrar’s decision[2] to remove a trade mark registration based on non-use …
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Meghan Markle and Prince Harry’s company, Archewell Audio LLC, has filed a trade mark application for the word ‘ARCHETYPES’ in relation to the podcast that they have been paid to produce by Spotify. The Media, in what seems to be a typical fashion in relation to the ex-Royals, have succeeded in drumming up outrage in …
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You may have heard or seen recent media coverage regarding a decision by the Russian government that Russian companies are no longer obliged to compensate owners of patent and design rights where the owners are from ‘unfriendly countries’. Similarly, with the withdrawal of McDonalds from Russia, a fast food chain called ‘Uncle Vanya’ is poised …
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Decisions of the Registrar of Trade Marks regarding International Registrations designating Australia (IRDAs) can be appealed to the Federal Court, and the Court has the same powers in relation to IRDAs as it has for national applications. In Gen-Probe Incorporated v Beckman Coulter, Inc [2022] FCA 194, Gen-Probe had designated Australia in their IR for …
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