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 [2023] FCA 1463
PRACTICE AND PROCEDURE – application for interlocutory injunction – ex parte application – strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law – First Respondent’s two websites use the applicants’ logos and other branded content, and falsely indicate the First Respondent…
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Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 3) [2023] FCA 1258
TRADE MARKS – infringement – whether the respondents have infringed the applicant’s registered trade marks comprising the word ORO TRADE MARKS – infringement – defences to infringement – whether the respondents can establish the defences under ss 122(1)(b)(i), 122(1)(e), 122(1)(f) and (fa), and 124 of the Trade Marks Act 1995 (Cth) TRADE MARKS – validity…
