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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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…
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Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
CONTRACTS – construction – scope of releases in settlement agreement – prima facie canon of construction -whether releases apply to proceeding TRADE MARKS – infringement – trap viewing – extra-territorial application of s 120(1) of the Trade Marks Act 1995 (Cth) – whether images were available to consumers in the ordinary course of trade –…
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138
INTELLECTUAL PROPERTY – trade marks – originating application alleging infringement of trade marks including the plain word mark mercato – whether the respondent has used, as a trade mark, a sign that is deceptively similar to any one of the applicant’s trade marks sued upon – cross-claim for cancellation of trade marks or rectification of…
