Lawyers for litigation

Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315

Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315

TRADE MARKS – application for removal from Register due to lack of good faith use under s 92(4)(b) of the Trade Marks Act 1995 (Cth) – whether use as a trade mark over the relevant four-day period – whether use in relation to relevant class of goods – whether use in good faith – where trade mark purchased for the purpose of litigation – whether use authorised – where trade mark purchased by third party and assigned to relevant user – where licence agreement stipulated the form of the use of the trade mark

TRADE MARKS – application for cancellation under s 88(1)(a) of the Act under the ground in s 88(2)(c) – whether use of trade mark with earlier priority date is likely to deceive or cause confusion

TRADE MARKS – application for cancellation under s 88(1)(a) of the Act under the ground in ss 88(2)(a) and 41 – whether trade marks inherently adapted to distinguish goods and services – whether rival traders with no improper motive would wish to use words for their ordinary signification – relevance of words closely resembling the trade marks – where trade marks inherently adapted to distinguish goods to some extent – factual distinctiveness – where evidence of use and intended use does not establish that trade marks were inherently adapted to distinguish at the priority date – where ground for rectification established – whether to exercise discretion not to cancel trade mark registration

TRADE MARKS – application for cancellation under s 88(1)(a) of the Act under the ground in ss 88(2)(a) and 44 – where trade marks are deceptively similar – whether, in the circumstances, it would be proper to accept the application under s 44(3)(b) – where ground for rectification established – whether to exercise discretion not to cancel trade mark registration

TRADE MARKS – infringement – deceptive similarity

TRADE MARKS – infringement – defences under ss 122(1)(e) and 122(1)(fa)


Recent cases about trademark infringement

  • Deakin University v Macreadie [2026] FCA 481

    CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of the Blue Carbon Lab – application for mandatory injunction requiring the second respondent to change its name –…

  • Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383

    TRADE MARKS – whether one of two joint owners of a trade mark can apply for registration of the trade mark in own name under section 27 Trade Marks Act 1995 (Cth) – where section 28 Trade Marks Act 1995 (Cth) permits registration of trade mark by joint owners – where section 20(5) Trade Marks…

  • Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd [2026] FCA 202

    TRADE MARKS – appeal from decision of Registrar – non-use – mark used in relevant period as part of composite marks – “mark within a mark” – appeal allowed TRADE MARKS – whether second word in each of composite marks used after trade mark were additions or alterations “substantially affecting its identity” – held that…

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1315For more information, see the original judgement.
Send this to a friend