Read my luscious lips – no infringement!
15 September 2010
It was déjà vu for Nature’s Blend this week as the Full Court of the Federal Court handed down its decision in part two of the “luscious Lips” trade mark battle.
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Paul Quinn
Gamble like you mean it
1 September 2010
“‘When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean, neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’” That was the $100,000.00 question in the dispute between Mr and Mrs Kuzmanovski and the NSW Lotteries Corporation (Lotteries).
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Are those real?
30 June 2010
Counterfeit products are out there, but it’s not just consumers who need to be cautious.
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It’s all fun and games until someone goes to jail
25 June 2010
What began in 2003 as an action for trade mark and copyright infringement, has in 2010, become a question of contempt of court and jail time.
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First Full Court decision under the Designs Act 2003
24 June 2010
The case of Keller v LED Technologies Pty Ltd is the Full Federal Court of Australia’s first decision on the tests for validity and infringement under the Designs Act 2003.
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Something smells funny in Europe
3 June 2010
Does trade mark law prevent traders from telling the truth?
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Luscious lips sink ships
17 March 2010
Nature’s Blend left caution to the wind as it pursued confectionery giant Nestlé over the use of the words ‘luscious Lips’ appearing on the Allen’s ‘RETRO PARTY MIX’ lolly packet (Nestlé having acquired Allen’s in 1989).
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Bavarian beer: Europe puts in its 2 cents.
14 July 2009
Is BAYERISCHES BIER (translating as BAVARIAN BEER) a geographical indicator?
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Bavaria, beer, and bad grammar: how to avoid s 61 of the Trade Marks Act
18 June 2009
In a recent Federal Court case, the Brewery Association of Bavaria (BBA) claimed that the German state of Bavaria was so synonymous with beer that the word “BAVARIA” on a beer label would amount to a geographical indicator (GI), contrary to s 61 of the Trade Marks Act (the Act).
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