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
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Paco Nominees PL v Ella Secret Australia PL (Default Judgment) [2025] FCA 366
TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order…
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Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd (Costs) [2025] FCA 38
COSTS — where the applicants brought a claim of trade mark infringement against the respondent – where the respondent brought a cross-claim seeking the cancellation of the first applicant’s registered trade mark – where both the applicants’ claim and the respondent’s cross-claim failed – where the cross-claim was only ever defensive – whether the respondent…
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Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
INTELLECTUAL PROPERTY – application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) – consideration of relevant factors…
