Trade Marks Archives - Page 6 of 57

AUSTRALASIA

17th Aug 2021

A need for “rescue” for traders who “borrow” aspects of the get up of competitor products

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent decision of Martin & Pleasance Pty Ltd v A Nelson...

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent...

AUSTRALASIA

12th Aug 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

AUSTRALASIA

10th Aug 2021

A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd [2021] ATMO 47 (4 June 2021)

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for “restaurant services” and “fast food outlet” in class 43. The...

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for...

AUSTRALASIA

6th Aug 2021

Australian Trade Marks Office Decision – BUTTERMITE v VEGEMITE – A Mitey Dispute

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the registration of BUTTERMITE filed in the name of Vincenzo Fasanella. Background Vincenzo...

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the...

AUSTRALASIA

27th Jul 2021

Fit Revolution Pty Ltd v Amazon Europe Core S.a.r.l. [2021] ATMO 35

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l. applied to register the AMFIT NUTRITION trade mark in classes...

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l....

AUSTRALASIA

27th Jul 2021

Rolling Stones block trade mark registration of Australian fashion label

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna, and Snoop Dogg, we picture their particular aesthetic and, as...

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna,...

AUSTRALASIA

27th Jul 2021

Bayerische Motoren Werke AG v Electracom Pty. Ltd. [2021] NZIPOTM7 (30 April 2021)

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of Bayerische Motoren Werke AG (“BMW”) on the basis of non-use. The...

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of...

AUSTRALASIA

27th Jul 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021)

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark for the same goods. Bianca and Bridgett Pty Ltd filed an...

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark...

AUSTRALASIA

20th Jul 2021

Brand Protection and the Tokyo 2020 Olympic Games

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with the “2020” Tokyo Olympic Games last month. Following reports that...

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with...

AUSTRALASIA

1st Jul 2021

Crowdsourcing: How is intellectual property important?

Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people and especially from the online...

Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from...

AUSTRALASIA

17th Jun 2021

All in the name of… Barton: the difficulty of registering surnames and place names in Australia

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as trade marks in Australia. Background NatoWatchBands.com, LLC (Nato) sought to register an...

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as...

AUSTRALASIA

16th Jun 2021

Trade Marks and New Zealand Prime Ministers’ Nicknames – AUNTY HELEN and JACINDARELLA

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than others. In the US, there are examples such as JFK, LBJ,...

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than...