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
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Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608
TRADE MARKS – appeal from decision of delegate of Registrar of Trade Marks – whether trade mark should be removed from Trade Marks Register for non-use – whether onus of proof discharged in relation to non-use period –whether Court should exercise discretion under s 101 of the Trade Marks Act 1995 (Cth) not to remove…
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Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
CONTRACT – contractual interpretation – breach of contract – services agreement between consultant and mortgage broking business – where applicant claimed consultant breached notice period clause – where applicant claimed consultant breached an exclusive service obligation – where applicant claimed consultant breached confidentiality obligations – where consultant made and retained various downloads of customer-related information…
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Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
PATENTS – Applicant patentee of three method patents relating to digital mobile radios (‘DMR’) using Time Division Multiple Access (‘TDMA’) to divide frequency channel – disputed constructions – fair basing – inventive step – identification of inventive step in claims – manner of manufacture – stare decisis – whether Aristocrat Technologies Australia Pty Ltd v…
