trade mark infringement
Eat your own words: Caporaso loses trade mark battle against Italian food hall Mercato Centrale
13 February 2025
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
9 February 2021
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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No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited
19 November 2020
Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with.
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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
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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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd
15 January 2018
In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves.
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Summer BOD competition: social media queens engage in trade mark litigation
12 January 2018
Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle.
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Hand over the ouzo and no one gets hurt – Little Greek Taverna enjoins use of Little Greek Cuzina, and a Cheeky restaurant case from the UK
8 September 2016
The owner of a registration for the LITTLE GREEK TAVERNA logo (below left) has obtained an interlocutory injunction enjoining the use of LITTLE GREEK CUZINA (below right) by two Brisbane restaurants*.
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STG v Trojan: protecting trade mark rights in the context of parallel importation
4 August 2016
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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Poor man’s CRISTAL, CRISTALINO, found to infringe – the distinct relevance of reputation in assessing the likelihood of confusion in the UK and Australia?
2 November 2015
In a recent decision from Mrs Justice Rose, the famous champagne house Roederer has successfully sued J Garcia Carrion SA (JGC) for trade mark infringement.
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