RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 The ongoing case involving the FINISH Powerball trade mark demonstrates the ramifications of a business not being aware of their competitor’s brands and reputation, prior to launching their own brands and products...
Supporting Sunny Coast health since 1998 Undergoing surgery, rehabilitation and other ongoing medical treatments can be difficult at the best of times let alone during a pandemic. Wishlist is a not-for-profit charity which aims to make hospital experiences better by improving care and creating special programs...
If you have an appreciation for wining and dining, you are likely to be familiar with many names that are protected by Geographical Indications. Think Tequila, Sherry, Prosciutto di Parma, Columbian Coffee, Feta – and of course my favourite – Champagne 😊 and you will realise...
I find it very rewarding to assist clients in identifying, protecting and managing their trade marks. As I am working exclusively in the trade marks world, I thought it might be helpful to share here some common questions and myths that arise in my day-to-day...
With Easter fast approaching, and eggs and bunnies tempting us everywhere we look, chocolate trade marks are front and centre of a great deal of marketing material at present! Many of our major confectionery brands have protected their non-traditional trade marks such as colour trade marks...
The vast amount of content shared on social media has increased the need for both brand owners and third parties to consider their rights and obligations. A business’s name, logo, tagline or website domain name are often its most important and valuable assets. Now more than...
The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching. From 1 January 2021 any...
Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) What happened in the first instance? Ceramiche is a tile manufacturer based in Italy. Their “CAESAR” trade mark has been used in Australia since 1988 and was registered in Australia since 2004 for “ceramic tiles...
McDonald's claims rival Hungry Jack's has infringed its "Big Mac" trade mark with their newest burger “Big Jack”. Fast food giants McDonald’s and Hungry Jack’s are going head to head after McDonald’s Asia Pacific launched Federal Court proceedings against Hungry Jack’s on August 28. The fast food standoff began when...
A London Court recently dismissed an appeal by Jaguar Land Rover Limited (JLR) relating to trade mark rights for the shape of its Defender SUV. What Happened JLR (owned by Tata Motors) applied to register six trade marks consisting of three-dimensional shapes of their Land Rover Series...
