Mischa Bags Trade Mark Victory

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.

Whiskey War ends with wild geese triumph

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 …
>> Read more

ACCC takes action against Google over “sponsored links”

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

Whirlpool’s recipe for success

Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.

Luscious Lips Ship Sinks

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.

Forever Young Trade Mark Lives On

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”.

Latest figures of counterfeit items seizures in the European Union

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 …
>> Read more