TRADE MARKS – appeal – where primary judge found that the respondent had not infringed the second appellant’s registered trade marks – whether primary judge erred in finding that the word mark THE NORTH AGENCY used by the respondent was not deceptively similar to the second appellant’s registered trade mark – no error established – appeal dismissed
Recent cases about trademarks
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Cargill, Incorporated v Cargill Financial Services International Pty Ltd [2024] FCA 604
TRADE MARKS – infringement – Trade Marks Act 1995 (Cth) s 120 – use of name as a mark – use of deceptively similar mark – infringement established. TRADE MARKS – application for final relief – application for relief where respondents rogue agents – application to change name on ASIC register – application to change…
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) – where the respondents have failed to comply with court orders and failed to appear – allegations of trade mark infringement, misleading and deceptive conduct and passing off – where marks were used by…
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Seven Network (Operations) Limited v 7-Eleven Inc [2024] FCAFC 65
TRADE MARKS – non-use – Trade Marks Act 1995 (Cth) s 92(4)(b) – whether primary judge erred in finding that registered trade mark owner had not established use during relevant period – use in relation to particular goods and services alleged to have occurred by display of mark on website – use partially established for…
