TRADE MARKS – infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) – whether the infringing marks are substantially identical with, or deceptively similar to, the applicant’s mark – defence under s 122(1)(f) and (fa) of the Act – whether respondents would obtain registration of the infringing marks if they were to apply for it on the basis of honest concurrent use – defence under s 122(1)(a) of the Act – whether the respondents are entitled to use of the “own name” defence – whether the applicant should be denied relief by reason of estoppel, acquiescence, delay or laches – application for removal of the applicant’s mark pursuant to s 92(1) and s 92(4)(b) of the Act – whether the applicant did not during the relevant non-use period use its registered mark in good faith in relation to its services – claim under s 88(1) of the Act to rectify the Register of Trade Marks by cancelling the applicant’s mark – whether ground in s 88(2)(c) of the Act is established – whether use of the applicant’s mark is likely to deceive or cause confusion – claim under s 129 of the Act – whether the applicant’s threats to bring an action were unjustified
Related cases about trademark infringement
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) – where the respondents have failed to comply with court orders and failed to appear – allegations of trade mark infringement, misleading and deceptive conduct and passing off – where marks were used by…
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Seven Network (Operations) Limited v 7-Eleven Inc [2024] FCAFC 65
TRADE MARKS – non-use – Trade Marks Act 1995 (Cth) s 92(4)(b) – whether primary judge erred in finding that registered trade mark owner had not established use during relevant period – use in relation to particular goods and services alleged to have occurred by display of mark on website – use partially established for…
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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…
