Archive: November 2022

1
Mind the Gap: Patagonia Sues Gap For Copying Fleece Design
2
Singapore Maintains Hard-Line Take on Goodwill in Million-Dollar Wonton Noodle Feud
3
Dior Did Not SADDLE on Distinctive Character of Its Iconic Bag
4
Henkel Cleans Out FINISH Trade Marks
5
Australian Government Commits to Protecting First Nations Visual Art

Mind the Gap: Patagonia Sues Gap For Copying Fleece Design

High-end outdoor clothing brand Patagonia Inc is taking on fast fashion retailer Gap for copying its “iconic” fleece jacket design. Patagonia Inc has filed court proceedings in the Federal Court.

In a complaint filed on 22 November 2022, Patagonia alleges that Gap willfully and deliberately copied the fleece design through the creation and sale of its “Mockneck Pullover” jackets, mimicking the flap pocket and rectangular logo of Patagonia’s classic “Snap-T” fleece jackets (shown below).

Patagonia “Snap-T” Pullover Fleece
Gap Product
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Singapore Maintains Hard-Line Take on Goodwill in Million-Dollar Wonton Noodle Feud

In Singapore, popular eatery “ENG’S Wonton Noodles” is known for its springy noodles, luscious wonton dumplings and fiery chilli sauce. Its popularity attracted more than S$1.6 million in revenue one year, but a fallout between the founder’s children and their business partners led to multiple disputes, including a dispute over trade mark rights to the “ENG’S” name in Pauline New Ping Ping v Eng’s Char Siew Wantan Mee Pte. Ltd. [2022] SGIPOS 10.

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Dior Did Not SADDLE on Distinctive Character of Its Iconic Bag

Another unfavourable decision on non-traditional trade marks has landed, now in relation to Dior’s iconic Saddle bag. The EUIPO’s Second Board of Appeal decided that Dior’s Saddle bag is not distinctive with respect to handbags. The decision is seen as surprising yet not unpredictable, given the recent history of unsuccessful trade mark applications for 3D signs (for example, see our previous article on the Moon Boot case here).

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Henkel Cleans Out FINISH Trade Marks

It’s all out in the wash: Henkel Australia Pty Ltd (Henkel) has successfully removed two dishwashing tablet trade marks owned by Reckitt Benckiser Finish BV (Reckitt) from the register.

In the recent Federal Court decision RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2022] FCA 1042, Rofe J simultaneously overturned an interlocutory injunction against Henkel and declared that two trade marks for dishwashing tablets owned by Reckitt should be removed from the register for non-use.

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Australian Government Commits to Protecting First Nations Visual Art

“80% of the souvenirs sold in Australia purporting to represent First Nations cultures are in fact imitation products. These inauthentic items have no connection to First Nations peoples and are often cheaply made imports.”

This extraordinary statistic was presented by Ann Sudmalis MP, Chair of the Standing Committee on Indigenous Affairs which tabled the 2018 Report on the impact of inauthentic art and craft in the style of First Nations peoples (Report).

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