Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia
This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.
Coke Loses its Action Against Pepsi Based on its Iconic Contour Bottle
The Coca-Cola Company v Pepsico Inc & Ors (No 2) [2014] FCA 1287
On 28 November 2014, the Federal Court of Australia dismissed claims of trade mark infringement, misleading and deceptive conduct and passing off made by The Coca-Cola Company (Coke) against Pepsico Inc, Pepsico Australia Holdings Pty Ltd, and Schweppes Australia Pty Ltd, the manufacturer and distributor of Pepsico Inc products in Australia (collectively referred to as Pepsi). Read More
Sound Marks in Australia
In September, IP Australia accepted for registration a trade mark described as “the Trade Mark consists of the sound of a fictitious character saying the word “Simples!” followed by a squeaking sound such as might be expected to be made by a Meerkat or other small animal”. You can listen to this trade mark here. This application was filed for an array of goods and services by the UK company BGL Group Limited. Read More
ISPs Ordered to Block Websites Selling Counterfeit Products
In a landmark decision, a judge of the High Court of Justice, England and Wales has ruled that internet service providers (ISPs) in the United Kingdom may be ordered to take all reasonable steps to prevent or restrict access to websites selling counterfeit goods.
The case was brought by luxury brand owner Compagnie Financiere Richemont SA (Richemont), which relevantly owns the Cartier and Montblanc brands and associated trade marks, against the five largest ISPs in the United Kingdom.
A seemingly endless variety of facial masks can now be found in Hong Kong, some containing ingredients like bird’s nest or the slime of a snail. Do not be surprised to see beauty products depicting a picture of a cheerful snail followed by a trail of slime on the packaging.
It has become routine for many to put on a facial mask at night in Hong Kong. Sadly, some merchants have decided to take unlawful advantage of the popularity of facial masks, albeit not necessarily containing the above ingredients or depicting a smiling snail. Read More
“You can never be overdressed or overeducated.” Oscar Wilde
We are excited to announce the launch of Fashion Law, our bi-annual fashion newsletter. This newsletter, which comprises short articles, will discuss legal issues that impact the Australian fashion industry.
From top tips for Australian designers and fashion businesses to changes in laws overseas, Fashion Law will provide you with information on issues that directly affect your business.
Please click here to read the first edition of Fashion Law.
Rachel ‘Champagne Jayne’ Powell’s passion for Champagne has helped her to become an award-winning wine expert, broadcaster, journalist and presenter. However, Ms. Powell’s ‘Champagne Jayne’ brand has put her at loggerheads with the trade organisation established to manage the common interests of the growers and the Champagne Houses behind the drink she loves so much. Read More
Oyster Bay’s Wine Bottle Trade Mark Application Rejected
In 2012, New Zealand winery Oyster Bay filed a trade mark application as follows:
Acting on a complaint that fake sports shoes were sold in Mong Kok, a popular shopping district for trendy teens and tourists, Hong Kong Customs went into action and raided retail shops and warehouses.
Customs Officers seized suspected fakes, including 1,905 pairs of sports shoes, to a tune of HKD1.67 million. The suspected head of the fake goods syndicate along with six other people were arrested.
The arrests included a 16 year old and Customs has appealed to young people to be on guard against dodgy dealings when working in summer jobs. Read More
The drama craze and football fever had increased the popularity of set-top boxes, sold at the cost of a few hundred Hong Kong dollars and easy to use. Users can simply connect the box to a TV to enjoy television dramas, sports and even real-time broadcasts from different countries.
Problems arise when set-top boxes are jail broken by sellers, permitting access to unauthorized content. Users and sellers should beware of the potential copyright issues arising from such use. Read More
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