Dr Pepper parting ways with its oldest bottler
The Associated press reports that Dr Pepper Snapple Group is parting ways with its oldest bottler – settling a trademark feud over a retro-version of the drink called Dublin Dr Pepper.
The Associated press reports that Dr Pepper Snapple Group is parting ways with its oldest bottler – settling a trademark feud over a retro-version of the drink called Dublin Dr Pepper.
Actress Mischa Barton’s company has won the right to trade mark her name, signature and logo in Australia after a two and half year battle withan Australian hand bag company.
The decision of the Federal Court in Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39 illustrates that the discretion to retain a trade mark on the Register, where a prima facie case for removal for non-use has been made out, may be exercised where there is a possibility of public confusion if …
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The Australian Competition & Consumer Commission (ACCC) has recently taken action in the Federal Court against Google and its Australian subsidiary Google Australia in relation to Sponsored Links (“AdWords”) displayed by Google on its search result pages
Evidence of representations made during a trap purchase may be crucial in proving passing off or misleading and deceptive conduct.
Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.
On 14 September 2010, the Australian Federal Police (AFP) carried out raids targeting the distribution of counterfeit goods. These raids were the result of coordinated efforts with Customs.
Nature’s Blend, owner of the trade mark LUSCIOUS LIPS, has failed in its appeal to the Full Federal Court against a finding of non-infringement by Nestlé in Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117.
In Eurark LLC v Planet Health Pty Limited [2010] ATMO 75 Eurark successfully defended an action by Planet Health for removal of its trade mark FOREVER YOUNG on the basis of nonuse. The trade mark was registered in respect of “cosmetics, namely cellular moisturizing creams, lotions and gels”.
The European Commission released its latest statistics for goods suspected of infringing intellectual property rights intercepted in 2009 by EU Customs. The most frequently detained articles include cigarettes (19%), labels (13%) and medicines (10%). As in Australia, more and more of the products detained by customs are consumer goods and not just luxury goods like …
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