TRADE MARKS — s 62(b) of the Trade Marks Act 1995 (Cth) – where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the trade mark applicant’s prior use of the mark – where the representations as to prior use by the trade mark applicant were false – where the primary judge held that the trade mark in question was inherently adapted to distinguish, and so evidence of prior use was irrelevant to the registrability of the mark – whether the primary judge erred in holding that evidence or representations are not “false in material particulars” unless false in a way that affects the registrability of the trade mark – Colorado Group Ltd v Strandbags Group Pty Ltd [2006] FCA 160; 67 IPR 628 and Colorado Group Ltd v Strandbags Group Pty Ltd [2007] FCAFC 184; 164 FCR 506, considered – held: the ground of opposition in s 62(b) can be established even where the evidence or representations in ques
Related cases about trademark infringement
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Hugo Boss AG v Hardge [2024] FCA 1325
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where substituted service orders made – where respondent in default of appearance – allegations of trade mark infringement, misleading and deceptive conduct and passing off – whether the applicant is entitled to relief – relief…
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The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299
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Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd [2024] FCA 1277
TRADE MARKS — shape marks – where the first applicant is the registered owner of a trade mark constituted by the shape of a cylindrical container with a stopper in Class 30 over coffee and instant coffee (the KDE shape mark) – where the respondent (Cantarella) released a 400-gram instant coffee product under its brand…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0156
For more information, see the original judgement.
