-
What amounts to use of a trade mark outside of Australia?
The case of Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 (Lamont v Malishus) involved an action for infringement of a registered trade mark in Australia under the Trade Marks Act 1995 (Cth) (TMA). This case raised several issues, including, whether using a word as part of a domain name constituted “use” as…
-
Clash of jurisdictions and trade mark infringement
The case of International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (Case) considered whether use of Australian registered trade marks on a British website constituted “use in Australia” under section 120 of the Trade Marks Act 1995 (Cth) (TMA). It was ultimately held that, despite use of the two…
-
Designer wins High Court case over Katy Perry trade mark dispute
On 11 March 2026, the High Court of Australia (High Court) delivered its judgment in the case of Taylor v Killer Queen, LLC [2026] HCA 5 (Taylor v Killer Queen), ending the seventeen (17) year trade mark dispute between pop star Katy Perry and Australian fashion designer Katie Jane Taylor. In a 3:2 majority decision,…
Trademark infringement
Make an enquiry
