Intellectual Property

The decision of Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156 demonstrates how important it is not to embellish the degree of use of a trade mark, as failure to do so could render the mark vulnerable to cancellation. It also provides useful reminders on why it is so important to consider trade marks a whole when registering a trade mark and how it could impact any potential trade mark infringement disputes in the future, as well as how the Federal Court treats non-English words used in trade marks.