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 trade mark – public interest and risk of confusion – part of appeal allowed with consent of parties – appeal otherwise dismissed
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256
TRADE MARKS – form of order for amendment of Register of Trade Marks – cross-respondent the registered owner of a trade mark in certain services in class 43 – cross-claimant alleging the registered owner of the trade mark was not the owner – cross-claim upheld in relation to some of the registered services but not…
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Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248
CORPORATIONS — Bordeaux wine — Tasmanian wine — passing off — extent of reputation of French wine in Australia — relevant date for assessing reputation — classes of consumers — evidence of confusion — characteristics or knowledge of ordinary and reasonable person — misleading or deceptive conduct — misrepresentation — contraventions of ss 18…
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Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Pleadings Issues) [2024] FCA 223
PRACTICE AND PROCEDURE – cross-claim – application to strike out certain paragraphs of Cross-Respondent’s defence – whether relevant parts of defence fail to disclose a reasonable defence or are otherwise an abuse of process in accordance with rr 16.21(1)(e)-(f) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – application to amend defence to…
