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How can you legally refer to another trader's trade mark?
- Davies Collison Cave
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- Australia
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- September 14 2012
The Federal Court of Australia has provided useful guidance as to how a competitor may refer to another trader's trade mark and what use would constitute an infringement of the trade mark in the case of Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd
Tobacco plain packaging reforms: what they mean for australian trade mark law and our international obligations
- Davies Collison Cave
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- Australia
- -
- December 13 2011
On 21 November 2011 the Australian parliament passed legislation relating to the plain packaging for tobacco products
Tobacco plain packaging reforms: what they mean for Australian trade mark law and our international obligations
- Davies Collison Cave
- -
- Australia
- -
- September 21 2011
The government's legislation relating to plain packaging for tobacco products proceeded to its second reading before the Senate at the end of August
Wild Turkey’s goose chase: court discretion keeps competitor’s trade mark on the register
- Davies Collison Cave
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- Australia
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- April 6 2011
In the latest Australian chapter of a long-running, international trade mark dispute between the owners of Wild Turkey bourbon whiskey and Wild Geese whiskey, the Federal Court has exercised its discretion not to remove the registered Wild Geese trade mark for non-use, even though the statutory grounds for doing so had been established
Last drinks for Lion Nathan; the high court judgement in E. & J. Gallo Winery v Lion Nathan Australia Pty Ltd
- Davies Collison Cave
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- Australia
- -
- May 20 2010
In response to a claim by E. & J. Gallo Winery (Gallo) that Lion Nathan Australia Pty Ltd's (Lion Nathan) use of the words BAREFOOT RADLER infringed Gallo's registration of the trade mark BAREFOOT for wine, Lion Nathan applied to cancel Gallo's trade mark registration on the grounds of non-use
The Barefoot saga
- Davies Collison Cave
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- Australia
- -
- September 30 2009
The Full Federal Court has decided that Lion Nathan's adoption and use of the trade mark BAREFOOT RADLER infringed Gallo's trade mark BAREFOOT registered for wine
E & J Gallo Winery v Lion Nathan Australia Pty Limited
- Davies Collison Cave
- -
- Australia
- -
- August 26 2009
In the long-running dispute between E & J GALLO WINERY and LION NATHAN AUSTRALIA PTY LIMITED regarding the trade mark BAREFOOT, GALLO has been successful in obtaining special leave to appeal the judgment of the Full Federal Court
Court exercises discretion not to remove the trade mark PIONEER
- Davies Collison Cave
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- Australia
- -
- July 24 2009
The Federal Court has taken into account technological development and convergence in exercising its discretion when considering whether to remove goods and services from a registered trade mark on the grounds of non-use
