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 and 29(1)(g) and (h) of Australian Consumer Law
TRADE MARKS — cancellation of registered trade mark — ss 88(2)(a) and (c) of Trade Marks Act 1995 (Cth) — use of respondent’s registered mark contrary to law — s 42(b) of the Act — respondent’s registered mark likely to deceive or cause confusion — s 60 of the Act — s 88(2)(c) of the Act — residual discretion under s 88 of the Act
Related cases – trademarks and passing off
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Hugo Boss AG v Hardge [2024] FCA 1325
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where substituted service orders made – where respondent in default of appearance – allegations of trade mark infringement, misleading and deceptive conduct and passing off – whether the applicant is entitled to relief – relief…
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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…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0248
For more information, see the original judgement.
