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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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…
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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…
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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…
