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 …
>> Read more
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 …
>> Read more
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 …
>> Read more
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 …
>> Read more
