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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Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458
ADMINSTRATIVE LAW – Employment Law – application for judicial review – interlocutory application for suspension of a decision to suspend APS employee from employment – serious question to be tried – balance of convenience – orders made
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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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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
