Nestle has lodged a Federal Court appeal against a recent Australian Trade Marks Office decision not to register its popular KIT KAT chocolate bar as a shape trade mark. The Registrar’s Delegate, Terry Williams found in favour of supermarket giant Aldi Stores who opposed the registration of Nestle’s four bar chocolate product pursuant to s.41, …
>> Read more
Trade Mark Application No 1241420 has recently been advertised as accepted in Australia. The trade mark consists of “a Eucalyptus Radiata scent” for golf tees and was accepted without the need for the applicant to file any evidence of use.
It seems that the Federal Court is not the only one to take issue with the current conduct of IP litigation in Australia. The report of the Review of the National Innovation System “Venturous Australia – building strength in innovation” includes a section headed “The costs of enforcing IP rights”. The report’s solution to the …
>> Read more
In an appeal from a Trade Mark opposition, Ryan J in Neumann v Sons of the Desert SL [2008] FCA 1183, has seemingly significantly broadened the operation of section 42 of the Trade Marks Act. Section 42(b) provides that an application for the registration of a trade mark must be rejected if its use would …
>> Read more
Gyles J in Gillette Company v Schiavini [2008] FCA 1053 has confirmed the longstanding view that mere importation is use as a trade mark such as to constitute an infringement of a trade mark proprietor’s rights.
Jemella Australia Pty Ltd v MacKinnon [2008] FCA 1022 relates to a Customs seizure and an application for an extension of time under section 137 of the Trade Marks Act. It appears that the 10 day period for instituting infringement proceedings is rigid and that if any extension is sought it must be applied for …
>> Read more
In E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934, handed down on 20 June 2008, Flick J considered a claim by Gallo that Lion Nathan had infringed Gallo’s trade mark BAREFOOT, registered in relation to wine by the sale of beer under the trade mark BAREFOOT RADLER. On the …
>> Read more
Both the Australian and New Zealand governments have announced that they will join with a number of other countries (including the USA, Japan, Switzerland, Canada, Korea, Mexico and the EC) to develop an Anti-Counterfeiting Trade Agreement (ACTA) as part of an international effort to curb the trade in counterfeit goods and pirated works. It is …
>> Read more
On Friday 23 May 2008, the High Court rejected an application for leave to appeal the decision of the Full Federal Court in Colorado Group Limited v Strandbags Group Pty Limited [2007] FCAFC 184. While leave was not granted, the Court suggested that there may be some uncertainty about the correctness of the Full Court’s …
>> Read more
Dr Francis Gurry has been nominated by WIPO’s Coordination Committee to be the WIPO’s next Director General. Dr Gurry is an Australian national, who studied law and commenced practice here before joining WIPO in 1985. The General Assembly needs to formally appoint him at its next meeting in September. The WIPO announcement is here.
