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DC comics prevents registration of Superman workout trade mark in Australia

Davies Collison Cave
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Australia
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June 7 2013

A Decision has recently issued from the Federal Court of Australia in DC Comics v Cheqout Pty Ltd 2013 FCA 478 (22 May 2013), following an appeal

Australian trade mark application filed for Superman workout- is it permissible?

Davies Collison Cave
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Australia
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November 20 2012

Cheqout Pty Ltd ("cheqout") filed a Trade Mark Application for "superman workout" in relation to "conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)"

AFL's Melbourne Football Club logo challenged by sports historian for factual inaccuracies

Davies Collison Cave
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Australia
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April 23 2012

In an unusual case before the Australian Trade Marks Office, a Tasmanian amateur historian, Mr Ross Smith, has opposed the Australian Football League's Trade Mark Application for the Melbourne Football Club logo on the grounds that the prominent date of establishment, 1858, is one year too early

How scandalous is too scandalous for the Australian Trade Marks Office?

Davies Collison Cave
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Australia
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March 21 2012

Over recent years, the Australian Trade Marks Office has had to consider a handful of potentially “scandalous” trade marks under section 42(a) of the Trade Marks Act 1995 (“the Act”), which states that an application for registration of a trade mark must be rejected if the trade mark “contains or consists of scandalous matter”

Is “nuckin futs” too scandalous to be a registered trade mark?

Davies Collison Cave
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Australia
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January 25 2012

The Australian Trade Marks Office has determined that an application for the trade mark "Nuckin Futs" is registrable on the basis that it is subject to an endorsement stating that the trade mark will not be marketed to children

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

Scandalous trade marks: did POMMIEBASHER cross the line?

Davies Collison Cave
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Australia
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September 13 2011

The Australian Trade Marks Office has ruled that the POMMIEBASHER mark is registrable as it is not a scandalous mark

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