Emily Rich

Valentine’s Day and nappies don’t usually appear in the same sentence. However, in a decision handed down by the Federal Court on 14 February 2014 (CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited FCA 79) the Federal Court has reminded trade mark owners that they cannot view their marks as an ace-in-the-hole when it comes to the question of misleading and deceptive conduct. In that case, Justice Flick upheld an application to prevent a nappy manufacturer from using its registered trade mark in New South Wales.