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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Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Pleadings Issues) [2024] FCA 223
PRACTICE AND PROCEDURE – cross-claim – application to strike out certain paragraphs of Cross-Respondent’s defence – whether relevant parts of defence fail to disclose a reasonable defence or are otherwise an abuse of process in accordance with rr 16.21(1)(e)-(f) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – application to amend defence to…
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Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
CONTRACTS – construction – scope of releases in settlement agreement – prima facie canon of construction -whether releases apply to proceeding TRADE MARKS – infringement – trap viewing – extra-territorial application of s 120(1) of the Trade Marks Act 1995 (Cth) – whether images were available to consumers in the ordinary course of trade –…
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138
INTELLECTUAL PROPERTY – trade marks – originating application alleging infringement of trade marks including the plain word mark mercato – whether the respondent has used, as a trade mark, a sign that is deceptively similar to any one of the applicant’s trade marks sued upon – cross-claim for cancellation of trade marks or rectification of…
