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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Firstmac Limited v Zip Co Limited [2023] FCA 540
TRADE MARKS – infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) – whether the infringing marks are substantially identical with, or deceptively similar to, the applicant’s mark – defence under s 122(1)(f) and (fa) of the Act – whether respondents would obtain registration of the infringing marks if they were…
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Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608
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…
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Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd [2023] FCA 999
TRADE MARKS – appeal from decision of the delegate of the Registrar of Trade Marks to refuse appellant’s opposition to application by respondent for registration of KANGAROO MOTHER trade mark – hearing de novo – s 59 of the Trade Marks Act 1995 (Cth) – where as at priority date respondent did not intend to…
