INTELLECTUAL PROPERTY – trade marks – alleged infringement of registered marks under s 120 of the Trade Marks Act 1995 (Cth) – deceptive similarity – misleading or deceptive conduct – alleged breaches of s 18 and s 29(1)(g) and (h) of the Australian Consumer Law (ACL) – tort of passing off.
TRADE MARKS – infringement – deceptive similarity – s 120 of the Act – non-use – cancellation of registered trade marks – honest and concurrent use – own name defence
– defences under ss 122(1)(e), 122(1)(f), 122(1)(fa) of the Act – whether discretion should be exercised not to cancel the registrations – cross-claim for trade mark infringement, cancellation of trade marks or rectification of the Register of Trade Marks in respect of them.
CONSUMER LAW – misleading or deceptive conduct – false or misleading representation – alleged breaches of s 18 and s 29(1)(g) and (h) of the ACL – passing off – contravention not established.
Related cases – trademark infringement
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Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited (Costs) [2024] FCA 505
COSTS – variation to relief granted by primary judge for infringement of trade marks – two appeals from separate decisions in proceeding below – where appellant obtained orders setting aside declarations and orders of primary judge in infringement proceedings below – whether appellant’s settlement offers entitle it to indemnity costs of proceedings below – whether…
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256
TRADE MARKS – form of order for amendment of Register of Trade Marks – cross-respondent the registered owner of a trade mark in certain services in class 43 – cross-claimant alleging the registered owner of the trade mark was not the owner – cross-claim upheld in relation to some of the registered services but not…
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Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248
CORPORATIONS — Bordeaux wine — Tasmanian wine — passing off — extent of reputation of French wine in Australia — relevant date for assessing reputation — classes of consumers — evidence of confusion — characteristics or knowledge of ordinary and reasonable person — misleading or deceptive conduct — misrepresentation — contraventions of ss 18…
