Bad faith: The new kryptonite for opposed trade mark applications?
28 May 2013
This just in from our correspondents at the Daily Planet: An application to register the trade mark “superman workout” in Australia in respect of “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” has been refused by Justice Bennett under section 62A of the Trade Marks Act 1995 (Cwlth) (“Act”) on the basis that the application was made in bad faith (see DC Comics v Cheqout Pty Limited & Anor [2013] FCA 478).
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