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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Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd [2026] FCA 161
TRADE MARKS – infringement – container rotation systems – containerised bulk handling field – word mark – “rotainer” – whether “rotainer” is purely descriptive – genericism – where the infringer attempted to genericise the registered trade mark – where purported generic and descriptive meaning of the word mark is uncertain – evolution theory of changes…
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Prezzee Pty Ltd v Epay Australia Pty Ltd [2025] FCA 1662
TRADE MARKS – applicant the registered owner of trade marks comprising or including the word “Prezzee” – applicant using the word “Prezzee” on and in relation to electronic gift cards – respondent incorporating the word “Prezzy” on physical and electronic gift cards – applicant seeking interlocutory relief pending judgment on an action alleging trade mark…
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NCL Corporation Ltd v Norwegian Brand Ltd [2025] FCA 1613
INTELLECTUAL PROPERTY – trade marks – international registration designating Australia – objection to extension of international protection to Australia – whether trade mark applicant had intention to use mark in Australia – where trade mark applicant did not participate in appeal proceeding – no intention to use found PRACTICE AND PROCEDURE – international service –…
