An Aussie company has triumphed in a legal wrangle with computer giant Apple Inc over registration of its trade mark DOPI. Despite Wholesale Central Pty Ltd’s trade mark, being the reverse of the famous Apple iPod® trade mark and placing emphasis on the letter “i”, the DOPI trade mark was not found to be deceptively …
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This case involves parties selling similar “enhanced drinking water” products in Australia. Images are available in the judgement. NutrientWater had not registered its Trade Dress as a trade mark. Thus, it was not able to take action under the Trade Marks Act. In Nutrientwater Pty Ltd v Baco Pty Ltd [2010] FCA 2, NutrientWater alleged …
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Trade marks in Australia are registered in respect of one or more classes of goods or services. The classes are established by an international convention to which Australia is signatory; goods are divided into 34 classes and services into 11 classes. When looking to see whether a trade mark application conflicts with an earlier application …
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eBay has lodged a Federal Court appeal against a decision to allow registration of the trade mark UBAY in Australia. UBAY Pty Ltd applied for registration of the trade mark UBAY and two UBAY logo trade marks in 2007. The company sought a monopoly in the trade marks in connection with a range of services …
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The Intellectual Property Office of New Zealand (IPONZ) has recently issued three new Practice guidelines relating to: Correct classification of “leasing access time to computer databases” In line with best international practice, IPONZ had advised that they consider the service description “leasing access time to computer databases” most appropriately classified in class 38. Major Events …
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The New Zealand Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 has been reviewed by the Foreign Affairs, Defence and Trade Select Committee, which made a number of minor recommendations. If passed, the Bill will amend the Trade Marks Act 2002 and the Copyright Act 1994 to give effect to the Government’s decisions to ratify the Singapore Treaty and to accede …
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The Court of Appeal of New Zealand has overturned a decision to limit the period in which the trade mark owner was entitled to an account of profits in the cling-film trade mark infringement case Intellectual Property Development Corporation Pty Ltd and or v Primary Distributors New Zealand Limited and ors [2009] NZCA 429. In summary, the …
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Tiffany & Co has failed in its opposition to the extension of protection in Australia of an IRDA for the mark TIFFANY KOURY in Tiffany and Company v Tiffany C Koury [2009] ATMO 68. Tiffany & Co, the opponent, raised various grounds of opposition, however these principally relied upon establishing a likelihood of deception or confusion arising …
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There has been significant recent media coverage about the opposition by Apple to a Woolworths trade mark application, although this issue is not new. Major Australian retailer, Woolworths Ltd, launched a new brand for its supermarkets last year and sought registration of the following mark in almost every class. IP Australia advertised the application as accepted …
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The Intellectual Property Office of New Zealand (IPONZ) has introduced a new status for trade mark applications called “45 – Ready for examination”. Given trade mark applications are typically examined within five working days, applications are unlikely to have the new status for long.
