Consumer, Food & Retail Archives - Page 5 of 16

1 April 2020

MBIP Nominees Pty Ltd as trustee for the Mecca Brands IP Unit Trust v Meeka Pty Ltd [2020] ATMO 13

A registration for has failed to prevent the registration of the trade mark for goods in class 3. MBIP Nominees, the owner of the trade mark filed an...

A registration for has failed to prevent the registration of the trade mark for goods in class...

SOUTHEAST ASIA

1 April 2020

Malaysia update: a “royal” appeal – court of appeal reverses high court’s decision on infringement of “royal expert white”

In Nor Yanni bt Adom & Anor v Ortus Expert White 1 MLJ 101, the Appellants (the Defendants in the High Court proceeding) appealed against the decision of the High Court in...

In Nor Yanni bt Adom & Anor v Ortus Expert White 1 MLJ 101, the Appellants (the Defendants in the High...

AUSTRALASIA

12 February 2020

Establishing trade mark ownership in Australia – EZ does (not do) it

MS Marketing Inc. v EZ Imports Pty Ltd ATMO 159 (8 November 2019) The Issue Competing companies separately engaged the services of the same Chinese contract manufacturer to produce a range...

MS Marketing Inc. v EZ Imports Pty Ltd ATMO 159 (8 November 2019) The Issue Competing companies separately engaged the services...

SOUTHEAST ASIA

18 December 2019

IDR 3.5 trillion dispute behind the Sushi Tei Indonesia restaurant brand

SUSHI TEI is a famous Japanese cuisine restaurant chain from Singapore, ubiquitous to Jakarta’s shopping malls. PT Sushi Tei Indonesia was established in April 23, 2003 with Kusnadi Rahardja as President Director...

SUSHI TEI is a famous Japanese cuisine restaurant chain from Singapore, ubiquitous to Jakarta’s shopping malls. PT Sushi Tei Indonesia was established...

AUSTRALASIA

18 December 2019

Additional damages for trade mark infringement in Australia – lessons from the MALISHUS decision

Lamont v Malishus & Ors (No.4) FCCA 3206 (14 November 2019) The case was heard by the Federal Circuit Court of Australia, a lower level court with jurisdiction to hear trade mark infringement...

Lamont v Malishus & Ors (No.4) FCCA 3206 (14 November 2019) The case was heard by the Federal Circuit Court of Australia,...

AUSTRALASIA

18 December 2019

Energy Beverages LLC v Cantarella Bros Pty Ltd [2019] ATMO 150

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans; chocolate” goods in class 30 and “coffee roasting; coffee grinding” services in...

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans;...

AUSTRALASIA

2 December 2019

Trade Marks and “style names” – can you tell the difference?

Pinnacle Runway Pty Ltd v Triangl Limited FCA 1662 (10 October 2019) Question: When is a name that is used to distinguish, not being used to distinguish? Answer: When it is a...

Pinnacle Runway Pty Ltd v Triangl Limited FCA 1662 (10 October 2019) Question: When is a name that is used to...

24 October 2019

Case Note: Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)

In a recent decision, the Federal Court of Australia found that the name given to a style of bikini was not a trade mark. Pinnacle Runway Pty Ltd (“Pinnacle”) owns Australian trade mark...

In a recent decision, the Federal Court of Australia found that the name given to a style of bikini was...

SOUTHEAST ASIA

23 October 2019

MALAYSIA: Court Rules ‘Lip Tattoo’ Is Not Generic Phrase

In Shizens Cosmetic Marketing (M) Sdn Bhd v. LVMH Perfumes and Cosmetics (M) Sdn Bhd, Civil Suit No: WA-24IP-21-11/2017 (Mar. 19, 2019), the plaintiff is the owner of trademark Registration...

In Shizens Cosmetic Marketing (M) Sdn Bhd v. LVMH Perfumes and Cosmetics (M) Sdn Bhd, Civil Suit No: WA-24IP-21-11/2017 (Mar....

AUSTRALASIA

9 September 2019

Rugby World Cup: Advances in rugby balls

It’s time to talk of mice and McCaw. While that Richie won’t be playing in 2019 edition of the Rugby World Cup soon to be held in Japan, it...

It’s time to talk of mice and McCaw. While that Richie won’t be playing in 2019 edition of the...

AUSTRALASIA

13 August 2019

Repaired or Remade? Refurbished Printer Cartridges Found to Infringe Patent

In the appeal decision of Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 the Full Federal Court of Australia found that refurbished printer cartridges infringed an Australian...

In the appeal decision of Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 the Full Federal Court...

AUSTRALASIA

25 July 2019

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation FCAFC 115 clarifies the position on an area of law that,...

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation FCAFC...