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Trade mark application for "ghost rider" made in bad faith

Davies Collison Cave
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Australia
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October 12 2011

The Australian Trade Marks Office recently issued an interesting decisionMarvel Characters, Inc v Gary Charles (Unreported); 14 September, 2011finding that an opposition in relation to a trade mark application for GHOST RIDER succeeded on the basis that the trade mark application was made in bad faith

Survey evidence in trade mark disputes: valuable evidence or unjustifiable cost?

Davies Collison Cave
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Australia
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January 10 2011

Surveys can seem like an obvious tool to prove the reputation of a trade mark

Whiskas - colour purple found to be a registrable trade mark

Davies Collison Cave
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Australia
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July 12 2010

Mars Australia Pty Ltd (“Mars”) filed Trade Mark Application no. 932937 on 4 November 2002 to register its trade mark for the colour purple in relation to: “Foodstuffs for domestic pets and additives for such foodstuffs” in class 31

Food Channel Network Pty Ltd v Television Food Network, GP 2009 FCA 1445

Davies Collison Cave
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Australia
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January 11 2010

In a recent Federal Court decision the Court had to consider the circumstances in which leave to appeal to the Full Federal Court would be granted to Food Channel Network Pty Ltd

Austin, Nichols & Co Inc v Lodestar Anstalt

Davies Collison Cave
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Australia
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January 11 2010

The Federal Court recently made an Order for Security for payment of costs against Austin, Nichols & Co Inc ("Austin Nichols"), which is ordinarily resident outside the jurisdiction

Cup of coffee trade mark registration

Davies Collison Cave
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Australia
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December 15 2009

In a recent decision the Australian Trade Marks Office had to consider the interesting question of whether a photograph of part of a cup of coffee could be registered as a trade mark