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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Village Roadshow IP Pty Ltd v VUR Village Trading No 1 Limited [2025] FCA 428
TRADE MARKS – where the respondent brought non-use actions before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) against various class registrations of a trade mark (the Trade Mark) by the appellant – where the delegate of the Registrar determined that the Trade Mark had…
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Paco Nominees PL v Ella Secret Australia PL (Default Judgment) [2025] FCA 366
TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order…
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Australian News Channel PL v Isentia PL [2025] FCAFC 49
COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – appeal dismissed Related cases – Copyright infringement
