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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ETO Group PL v ETO Gruppe Technologies GmbH [2025] FCA 1253
TRADE MARKS – appeal from decision of delegate of the Registrar of Trade Marks in an application for removal of the trade mark the subject of this appeal from the Register of Trade Marks pursuant to subs 92(4)(a) and (b) of the Trade Marks Act 1995 (Cth) – non-use – where respondent filed a submitting notice…
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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…
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Universal City Studios LLC v Telstra Limited [2025] FCA 1390
COPYRIGHT – whether site blocking and ancillary orders with respect to 52 target online locations ought to be made under s 115A of the Copyright Act 1968 (Cth) (Act) – where the applicants rely on presumptions in s 126, s 131 and s 115A(5A) of the Act and on deemed admissions as to ownership of…
