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
-
Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
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…
-
Killer Queen, LLC v Taylor [2024] FCAFC 149
TRADE MARKS – infringement of registered trade mark established – where registered trade mark is a name – joint tortfeasance – principles discussed TRADE MARKS – specification of registered goods – meaning of “clothes” – role of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of…
-
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…
