Passing off Archives - King & Wood Mallesons Pulse

Feeling Bluey… Robert Irwin, Pauline Hanson, and Fred again..: an overview of use of likeness

27 February 2025

By Kirsten Bowe, Karen Litherland, Grace Crowley

Last year Pauline Hanson delivered the much anticipated sequel to her satirical cartoon of Australian icons, Bluey and Robert Irwin. Irwin reportedly threatened to sue Hanson for defamation for the first instalment, but regardless of the outcome – it’s a reminder to carefully consider the risks of using a person’s likeness without their consent. This post explores use of likeness (and its relation to publicity rights) and its risks in Australia.

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Bega succeeds in Full Court appeal despite ‘Krafty’ peanut butter packaging

4 May 2020

By Katie Warner

On 15 April 2020, the Full Federal Court dismissed an appeal against O’Callaghan J’s decision in Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 593.

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You can’t have your burger and eat it too: In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd

5 March 2020

By Diana Liu

A closer look into how Down-N-Out Burgers infringed the trade marks of In-N-Out, engaged in passing off, and contravened the Australian Consumer Law.

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No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

7 April 2016

By Katie Dillon

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you.

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5SOS, Hush Puppies, Cristal, CCs, Guru Denim and much much more – trade mark case law in Australia, New Zealand and the UK – 2015 highlights

8 December 2015

By Bill Ladas

Well, what a year it has been, with so much more in store for 2016.

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The art of concealment: use of a competitor’s trade marks in metatags held not to amount to copyright or trade mark infringement in Canada

8 April 2015

By Angela Kittikhoun

The Federal Court of Canada recently handed down a decision which squarely examines whether the use of metatags can constitute copyright or trade mark infringement.

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Nappy Land is not happy land: no love on Valentine’s Day for National Australian Nappies

3 March 2014

By 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.

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Pucker up for some trade mark action –“Kiss”-ing just got a whole lot more legal

25 February 2014

By Daniella Phair

IP Whiteboard comments on a trade mark dispute between Melbourne's "Kiss FM" radio station and Kyle & Jackie O's new "Kiis FM" station.

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The Impact of Lookalikes: The UK Intellectual Property Office Weighs In

8 August 2013

By Natalie Hickey

We all have eating and drinking in common. Yet our preferences distinguish us. Some of us will only have Maggi 2 Minute Noodles. Others want the noodles, but are delighted if it is a competitively priced home brand product. Some of us love nibbling the wavy layers only of a Smith’s Crisp. Others are happy to have a chip which looks and tastes like a Smith’s Crisp, even if it is not one.

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Look-Alike Get Up – Can IP Whiteboard develop an objective method to test that most subjective of assessments?

6 June 2013

By Natalie Hickey

We've developed a scoring system to help assess look-alike packaging for legal risk. Check out our Scorecard and examples using Aldi as our 'base case'.

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