Entrepreneur Richard Branson’s Virgin Enterprises Limited has won its latest Aussie trade mark stoush preventing registration of a VIRGIN logo trade mark for condoms in Virgin Enterprises Limited v Virgin International Pty Ltd [2010] ATMO 38. Virgin International Pty Ltd, an Australian company run by a husband and wife team, applied for registration of a …
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Food Channel Network (“Network”) has won the latest round in the ongoing legal battle over its FOOD CHANNEL (logo) trade mark. In Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, the Full Federal Court upheld Network’s appeal against a decision that its trade mark 967804 should not be registered on …
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The High Court has allowed Gallo’s appeal against a finding of non-use of its BAREFOOT trade mark in E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15, resulting in a finding that the trade mark is both valid and infringed by Lion Nathan’s “Barefoot Radler” beer. At first instance Gallo’s …
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The company who introduced men to the wonders of Y-Front® underwear, has successfully prevented registration of the trade mark THROTTLE JOCKEY in Australia. In opposition proceedings before a Delegate of the Australian Trade Mark Registrar, Jockey International Inc argued registration of THROTTLE JOCKEY should be denied pursuant to s.60 of the Trade Marks Act 1995 …
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The latest battle in the ongoing IP war between the owners of the INNER HEALTH PLUS and HEALTHPLUS trade marks has been decided in the High Court of Australia. Health World Pty Ltd, owner of the INNER HEALTH PLUS trade mark, successfully appealed the Federal Court’s ruling that it had no standing to seek rectification …
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To help applicants comply with the standardised format, the IPONZ website incorporates an automatic reformatting function in the online trade mark application form. The specification of goods or services will be reformatted so that: Specifications should take the form of a single sentence commencing with a capital letter and ending in a full stop; The …
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In November 2009 the Australia Government introduced legislation implementing the Agreement between Australia and New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. The Trans-Tasman Proceedings Bill 2010 was passed by both Houses of the Australian Parliament and is now awaiting Royal Assent. The New Zealand Government introduced parallel legislation on 24 November 2009. The …
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Kit Kat’s chocolate wafer biscuit is set to become a registered trade mark, after Nestle and Aldi agreed to resolve an appeal from a decision of the Trade Marks Office not register the confectionery’s finger shape as a trade mark. Aldi had initially given Nestle ‘the big finger’, successfully opposing registration of the shape mark …
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The Australian Customs Service has seized 60 pairs of counterfeit Oakley® sunglasses and accessories. Seizures of the sunnies were made on 30 December 2009 and 6 January 2010, pursuant to the Trade Marks Act 1995 which makes provision for the seizure of goods which bear registered trade marks applied without the trade mark owner’s authorisation. …
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Australian Customs and Border Protection seized 1.1 million counterfeit items in 2009, more than double the 547,000 items seized in 2008. The Minister for Home Affairs, Brendan O’Connor, released figures on Friday 19 March and expressed concerns about the serious risks to the health and safety that counterfeit items can pose. Mr O’Connor recommended consumers be …
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