trade mark infringement

Eat your own words: Caporaso loses trade mark battle against Italian food hall Mercato Centrale

Eat your own words: Caporaso loses trade mark battle against Italian food hall Mercato Centrale

13 February 2025
By Cate Nagy, Jessie Shu, Damien MacRae
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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Burger case bounces In-N-Out of court in meaty appeal

Burger case bounces In-N-Out of court in meaty appeal

9 February 2021
By Diana Liu
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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STG v Trojan: protecting trade mark rights in the context of parallel importation

STG v Trojan: protecting trade mark rights in the context of parallel importation

4 August 2016
By Emily Rich
In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of the trade mark, will apply to the removal and reapplication of a manufacturer’s trade mark by a parallel importer. 
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