TRADE MARKS – appeal de novo – whether marks containing the registered mark and other words (Opposed Marks) are deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – characteristics of the notional consumer purchasing vehicles – whether the notional consumer would be caused to wonder whether the Opposed Marks emanate from the same source
Recent cases
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Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458
ADMINSTRATIVE LAW – Employment Law – application for judicial review – interlocutory application for suspension of a decision to suspend APS employee from employment – serious question to be tried – balance of convenience – orders made
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
PRACTICE AND PROCEDURE – application for interlocutory injunction – ex parte application – strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law – First Respondent’s two websites use the applicants’ logos and other branded content, and falsely indicate the First Respondent…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
