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
Related cases about trademark infringement
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Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd [2024] FCA 1277
TRADE MARKS — shape marks – where the first applicant is the registered owner of a trade mark constituted by the shape of a cylindrical container with a stopper in Class 30 over coffee and instant coffee (the KDE shape mark) – where the respondent (Cantarella) released a 400-gram instant coffee product under its brand…
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Global Retail Brands Australia Pty Ltd v Bed Bath ‘N’ Table Pty Ltd [2024] FCAFC 139
CONSUMER LAW – misleading or deceptive conduct – where, by its use of trade mark “HOUSE BED & BATH” (appellant’s mark) in relation to soft homewares in a market in which respondent’s trade mark “BED BATH ‘N’ TABLE” (respondent’s mark) has a significant reputation, appellant found to have contravened ss 18(1) and 29(1)(g) and (h)…
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FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826
PRACTICE AND PROCEDURE – application for stay of orders pursuant to r 36.08 of the Federal Court Rules 2011 (Cth) – whether stay or rectification of the Trade Marks Register more suitable course pending determination of appeal – whether stay or injunction more suitable course pending determination of appeal – application partially granted.
