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 Marks as an aid to construction
TRADE MARKS – defence to infringement – where infringing mark is a name mark – own name defence – whether joint tortfeasor who does not use the infringing mark can rely on the defence – whether defence applies to the use of an adopted name – where person relying on defence has assigned the name mark – whether assignor can rely on continuing use of own name as a defence
TRADE MARKS – defence to infringement – where infringing mark is deceptively similar to the registered mark – whether person using the infringing mark would obtain registration – honest concurrent use – whether concurrent use established – whether honest use established
TRADE MARKS – cancellation – whether, because of reputation in prior mark, use of the registered mark would be likely to deceive or cause confusion – where ground of cancellation established – whether discretion should be exercised not to cancel the registration of the registered mark
TRADE MARKS – cancellation – whether, because of circumstances applying at the time when the application for rectification is filed, the use of the registered mark is likely to deceive or cause confusion – where ground of cancellation is established – whether discretion should be exercised not to cancel the registration of the registered mark
Related Federal Court cases on trade marks
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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…
