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...

With more people shopping online than ever, consumers are relying on online retailers and service providers for their purchases. Unfortunately, the convenience of online shopping comes with challenges; the costs to Australian businesses due to counterfeit products are increasing. The Australian government hopes to promote confidence in...

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...

The concept of use arises frequently in trade mark matters. In this post, we outline when you might need to provide evidence of use, what the evidence needs to show and what kind of evidence to provide.           There are several scenarios where evidence of use may...

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. [caption id="attachment_24947" align="alignright" width="343"] Land Rover Defender 90, 1997 model. Photo source: https://www.motoringresearch.com/[/caption] What Happened JLR (owned by Tata Motors) applied to register...

Different countries have different rules when it comes to recognition of trade mark rights. In today’s global marketplace, you may plan to sell your products in various countries or even manufacture them overseas. This is why it is important to protect your brand in the countries...

Brands are creatively catering to the growing vegetarian trend. Research conducted by Roy Morgan has found that 2.5 million people (12.1% of the population) in Australia are now eating all or almost all vegetarian. Award-winning chef Alejandro Cancino (who happens to follow a vegan lifestyle) has created 4 tasty, high-quality meat-free...

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