Trade marks
Stop! In the name of interlocutory injunctions: lessons from 2024
17 March 2025
Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.
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Eat your own words: Caporaso loses trade mark battle against Italian food hall Mercato Centrale
13 February 2025
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.
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A lesson in best practice: ‘The Practice’ trade mark dispute
11 December 2024
Case note on the recent decision of The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299. This case highlights the importance of conducting comprehensive trade mark searches before commencing use of the prospective mark.
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The sweet smell of success
11 October 2024
Crayola just registered a trade mark in the US for the smell of their crayons.
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Burger case bounces In-N-Out of court in meaty appeal
9 February 2021
Since our breakdown in March 2020 of Justice Katzmann’s ruling in the Federal Court in favour of American burger chain In-N-Out in its bitter trademark dispute with local Australian company Hashtag Burgers Pty Ltd of DOWN-N-OUT (now Plan B) notoriety, another round of this sizzling hot battle of the burgers has been fought before the Full Court.
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No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited
19 November 2020
Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with.
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Confirmed booking: booking.com secures trade mark registration in the United States
9 July 2020
On 30 June 2020, the Supreme Court of the United States handed down its decision in United States Patent And Trademark Office, Et.
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A sign of the times – Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH
29 June 2020
Wearables are all the rage nowadays, but some of us still sport watches with an analogue face.
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Cheesy on the eyes – the string cheese characters of the trade mark decision of Bega Cheese Limited v Saputo Cheese USA Inc
12 June 2020
From fifty shades of gruyere to cheddar ideas, we in the IP team love cheese in all shapes and forms including… string cheese?
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